| APRIL M. ROZMUS V WESLEYAN CHURCH OF HAMBURG, XERTION YOUTH, INC., AND NORTHGATE CHRISTIAN COMMUNITY |
| Motion No: CA 17-01439 |
| Slip Opinion No: 2017 NY Slip Op 83837(U) |
| Decided on August 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-01439
| APRIL M. ROZMUS, PLAINTIFF-APPELLANT, V WESLEYAN CHURCH OF
HAMBURG, XERTION YOUTH, INC., AND NORTHGATE CHRISTIAN COMMUNITY, DEFENDANTS-RESPONDENTS. |
Respondent Weslyan Church of Hamburg 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 November 22, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Philip C. Barth, III, Esq., dated August 4, 2017, the affidavit of Philip C. Barth, III, Esq., sworn to August 8, 2017, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to August 15, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed, with respect to Weslyan Church of Hamburg, without further order unless the appeal is perfected on or before October 10, 2017.
Entered: August 21, 2017
Frances E. Cafarell, Clerk