| CHRISTINA J. BROYLES V MARY C. SCHNEIDER AND STEVEN PRZYBYL |
| Motion No: CA 17-02020 |
| Slip Opinion No: 2017 NY Slip Op 94853(U) |
| Decided on December 6, 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 17-02020
| CHRISTINA J. BROYLES, PLAINTIFF-APPELLANT, V MARY C. SCHNEIDER
AND STEVEN PRZYBYL, DEFENDANTS-RESPONDENTS. |
Respondent Mary C. Schneider 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 July 19, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas A. Digati, Esq., sworn to November 14, 2017, the notice of motion with proof of service thereof, and the affidavit of Luke A. Brown, Esq., sworn to December 1, 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 February 2, 2018.
Entered: December 6, 2017
Mark W. Bennett, Clerk