| VICTORIA PEARSON BREAU V BLAIR BURDICK, NANCY BURDICK, DALE R. BURDICK, RAYMOND L. FOSTER, AND PAMELA FOSTER |
| Motion No: CA 17-02049 |
| Slip Opinion No: 2017 NY Slip Op 95780(U) |
| Decided on December 13, 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 17-02049
| VICTORIA PEARSON BREAU, PLAINTIFF-APPELLANT, V BLAIR BURDICK,
NANCY BURDICK, DALE R. BURDICK, RAYMOND L. FOSTER, AND PAMELA FOSTER,
DEFENDANTS-RESPONDENTS. |
Respondents Dale R. Burdick, Raymond L. Foster, and Pamela Foster 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 Allegany on August 29, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joseph H. Emminger, Jr., Esq., sworn to November 22, 2017, the affirmation of Thomas P. Kawalec, Esq., dated November 20, 2017, the notice of motion with proof of service thereof, and the affirmation of Andrew D. Fanizzi, Esq., dated November 29, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before February 13, 2018.
Entered: December 13, 2017
Mark W. Bennett, Clerk