| EDWARD J. LAMONT V ROSALINA J. BOINK, THOMAS L. BOINK, NILDA GIRALDI, CAROL K. MOORE, MATTHEW D. MARS, AND DAVID H. MARS |
| Motion No: CA 17-01044 |
| Slip Opinion No: 2017 NY Slip Op 77796(U) |
| Decided on June 21, 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. |
DOCKET NO. CA 17-01044
| EDWARD J. LAMONT, PLAINTIFF-APPELLANT, V ROSALINA J. BOINK,
THOMAS L. BOINK, NILDA GIRALDI, CAROL K. MOORE, MATTHEW D. MARS, AND DAVID H. MARS,
DEFENDANTS-RESPONDENTS. |
Respondents Nilda Giraldi 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 Herkimer on February 16, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michelle M. Davoli, Esq., sworn to May 31, 2017, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs with respect to respondent Nilda Giraldi.
Entered: June 21, 2017
Frances E. Cafarell, Clerk