| DAVID C. BUCHWALD V 1307 PORTERVILLE ROAD, LLC |
| Motion No: CA 17-01680 |
| Slip Opinion No: 2017 NY Slip Op 88726(U) |
| Decided on October 11, 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 17-01680
| DAVID C. BUCHWALD, PLAINTIFF-APPELLANT, V 1307 PORTERVILLE
ROAD, LLC, 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 27, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James J. Navagh, Esq., dated September 20, 2017, the notice of motion with proof of service thereof, and the affirmation of Harry J. Forrest, Esq., dated September 27, 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 December 11, 2017.
Entered: October 11, 2017
Mark W. Bennett, Clerk