| RALFAEL CASTRO V ADMAR SUPPLY COMPANY, INC. |
| Motion No: CA 17-00169 |
| Slip Opinion No: 2017 NY Slip Op 73420(U) |
| Decided on May 4, 2017 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-00169
| RALFAEL CASTRO, PLAINTIFF-RESPONDENT, V ADMAR SUPPLY
COMPANY, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 26, 2016, on the ground that appellant failed to perfect timely the appeal, and having moved for other relief,
Now, upon reading and filing the affirmation of Joseph R. Bergen, Esq., dated April 13, 2017, the notice of motion with proof of service thereof, and the affidavit of Phillip A. Oswald, Esq., sworn to April 19, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal, and the appeal is dismissed without costs, and
It is further ORDERED that the motion is otherwise dismissed.
Entered: May 4, 2017
Frances E. Cafarell, Clerk