LEEANN B. HOFFNER V DAVID E. NELSON
Motion No: CA 17-02048
Slip Opinion No: 2017 NY Slip Op 95781(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.


December 13, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-02048

LEEANN B. HOFFNER, PLAINTIFF-APPELLANT,

V

DAVID E. NELSON, 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 Onondaga on August 9, 2017, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Kristen L. Norfleet, Esq., sworn to November 21, 2017, the notice of motion with proof of service thereof, and the affirmation of Matthew J. Kaiser, Esq., dated December 5, 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 13, 2018.

Entered: December 13, 2017

Mark W. Bennett, Clerk