| CYNTHIA DIANE QUEEN V DAVID J. KOGUT AND SHIRLEY A. KOGUT |
| Motion No: CA 18-00547 |
| Slip Opinion No: 2018 NY Slip Op 70817(U) |
| Decided on April 18, 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 18-00547
| CYNTHIA DIANE QUEEN, PLAINTIFF-APPELLANT, V DAVID J. KOGUT AND
SHIRLEY A. KOGUT, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 20, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Ryan J. Mills, Esq., dated March 21, 2018, the notice of motion with proof of service thereof, and the affidavit of A. Peter Snodgrass, Esq., sworn to April 12, 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 June 18, 2018.
Entered: April 18, 2018
Mark W. Bennett, Clerk