| RENEE Y. PHILLIPS V TIMOTHY SAVAGE |
| Motion No: CA 17-01288 |
| Slip Opinion No: 2017 NY Slip Op 82476(U) |
| Decided on August 8, 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 17-01288
| RENEE Y. PHILLIPS, PLAINTIFF-APPELLANT, V TIMOTHY SAVAGE,
DEFENDANT-RESPONDENT. |
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 April 7, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Betsy F. Visco, Esq., dated July 17, 2017, the notice of motion with proof of service thereof, and the affirmation of Frank S. Falzone, Esq., dated August 4, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 10, 2017.
Entered: August 8, 2017
Frances E. Cafarell, Clerk