| ADIRONDACK BANK V MIDSTATE FOAM AND EQUIPMENT, INC. AND JAMES S. WHEELER |
| Motion No: CA 17-01431 |
| Slip Opinion No: 2017 NY Slip Op 84598(U) |
| Decided on August 29, 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 17-01431
| ADIRONDACK BANK, PLAINTIFF-APPELLANT, V MIDSTATE FOAM AND
EQUIPMENT, INC., DEFENDANT, AND JAMES S. WHEELER, 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 Oneida on April 12, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Janet D. Callahan, Esq., dated August 7, 2017, the notice of motion with proof of service thereof, and the affidavit of Teresa M. Bennett, Esq., sworn to August 27, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal has been perfected.
Entered: August 29, 2017
Frances E. Cafarell, Clerk