| DARLENE DONALD V DEVAN E. AHERN |
| Motion No: CA 18-00469 |
| Slip Opinion No: 2018 NY Slip Op 69551(U) |
| Decided on April 12, 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 18-00469
| DARLENE DONALD, PLAINTIFF-APPELLANT, V DEVAN E. AHERN,
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 October 19, 2017, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Kristen M. Benson, Esq., dated March 16, 2018, the affidavit of Joanne Van Dyke, Esq., sworn to March 28, 2018, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 11, 2018, and
It is further ORDERED that appellant's cross motion is dismissed as premature.
Entered: April 12, 2018
Mark W. Bennett, Clerk