| GLASCO P. ROZIER V BTNH, INC., DOING BUSINESS AS DELAWARE AVENUE NURSING & REHABILITATION CENTER |
| Motion No: CA 17-01406 |
| Slip Opinion No: 2017 NY Slip Op 83156(U) |
| Decided on August 14, 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 17-01406
| GLASCO P. ROZIER, PLAINTIFF-APPELLANT, V BTNH, INC., DOING
BUSINESS AS DELAWARE AVENUE NURSING & REHABILITATION CENTER, 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 March 29, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Colin D. Ramsey, Esq., sworn to August 1, 2017, the notice of motion with proof of service thereof, and the affirmation of Joy A. Kendrick, Esq., dated August 10, 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 13, 2017.
Entered: August 14, 2017
Frances E. Cafarell, Clerk