| JIRASCO PROPERTIES LIMITED PARTNERSHIP V PROMAK NY, INC. |
| Motion No: CA 18-00343 |
| Slip Opinion No: 2018 NY Slip Op 66474(U) |
| Decided on March 7, 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 18-00343
| JIRASCO PROPERTIES LIMITED PARTNERSHIP, PLAINTIFF-RESPONDENT,
V PROMAK NY, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 30, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael A. Brady, Esq., dated February 21, 2018, the notice of motion with proof of service thereof, and the statement of John R. Weider, Esq., dated March 1, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: March 7, 2018
Mark W. Bennett, Clerk