| THOMAS MCCABE, AS ADMINISTRATOR OF THE ESTATE OF AMY L. MCCABE, DECEASED V ROBERT J. MOONEY |
| Motion No: CA 18-00967 |
| Slip Opinion No: 2018 NY Slip Op 76567(U) |
| Decided on June 28, 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 18-00967
| THOMAS MCCABE, AS ADMINISTRATOR OF THE ESTATE OF AMY L. MCCABE,
DECEASED, PLAINTIFF-APPELLANT, V ROBERT J. MOONEY, 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 Erie on February 14, 2018, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael J. Chmiel, Esq., dated May 24, 2018, the notice of motion with proof of service thereof, and the affirmation of John A. Collins, Esq., dated June 20, 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 August 27, 2018.
Entered: June 28, 2018
Mark W. Bennett, Clerk