| THOMAS GREEN, AS ADMINISTRATOR OF THE ESTATE OF SHERRIE GREEN, DECEASED V RONALD S. KONKA, LINDA A. KONKA, ERIC E. |
| Motion No: CA 18-00065 |
| Slip Opinion No: 2018 NY Slip Op 62810(U) |
| Decided on February 1, 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 18-00065
| THOMAS GREEN, AS ADMINISTRATOR OF THE ESTATE OF SHERRIE GREEN,
DECEASED, PLAINTIFF-APPELLANT, V RONALD S. KONKA, LINDA A. KONKA, ERIC E. KONKA, BRETT C. HASTINGS, NICCOLE M. HASTINGS,
AND JAMES L. SHEARING, DEFENDANTS-RESPONDENTS. |
Respondent James L. Shearing 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 September 28, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kevin E. Loftus, Esq., dated January 3, 2018, the notice of motion with proof of service thereof, and the affirmation of Robert J. Maranto, Jr., Esq., dated January 26, 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, with respect to respondent James L. Shearing, unless the appeal is perfected on or before April 2, 2018.
Entered: February 1, 2018
Mark W. Bennett, Clerk