| MICHAEL L. GILKERSON, - V JASON L. BUCK , MATTHEW J. SILE, AND JAMES W. SILE . |
| Motion No: CA 18-00008 |
| Slip Opinion No: 2018 NY Slip Op 62070(U) |
| Decided on January 17, 2018 |
| 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 18-00008
| MICHAEL L. GILKERSON, PLAINTIFF-APPELLANT, ET AL., PLAINTIFF,
V JASON L. BUCK, ET AL., DEFENDANTS, MATTHEW J. SILE, AND JAMES W. SILE, DEFENDANTS-RESPONDENTS.
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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 Niagara on September 29, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Eric T. Boron, Esq., dated December 27, 2017, the notice of motion with proof of service thereof, and the affirmation of Paul K. Barr, Esq., dated January 5, 2018, 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 March 19, 2018.
Entered: January 17, 2018
Mark W. Bennett, Clerk