| CELLINO & BARNES, PC V BRIAN CHAPIN YORK |
| Motion No: CA 17-02195 |
| Slip Opinion No: 2018 NY Slip Op 65544(U) |
| Decided on February 23, 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 17-02195
| CELLINO & BARNES, PC, PLAINTIFF-RESPONDENT, V BRIAN CHAPIN
YORK, DEFENDANT-APPELLANT. |
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 Erie on September 29, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Gregory V. Pajak, Esq., dated January 30, 2018, the notice of motion with proof of service thereof, and the affirmation of Brian Chapin York, Esq., dated February 8, 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 April 24, 2018.
Entered: February 23, 2018
Mark W. Bennett, Clerk