| PATRICK C. CHASE V JASON ALAN MARSH, TOWN OF MACHIAS, AND TOWN OF MACHIAS HIGHWAY DEPARTMENT |
| Motion No: CA 17-01873 |
| Slip Opinion No: 2017 NY Slip Op 94775(U) |
| Decided on November 30, 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 17-01873
| PATRICK C. CHASE, PLAINTIFF-APPELLANT, V JASON ALAN MARSH,
TOWN OF MACHIAS, AND TOWN OF MACHIAS HIGHWAY DEPARTMENT, DEFENDANTS-RESPONDENTS. |
Respondents 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 Cattaraugus on July 20, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Paula M. Eade Newcomb, Esq., sworn to October 19, 2017, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to November 7, 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 January 29, 2018.
Entered: November 30, 2017
Mark W. Bennett, Clerk