| JAMES E. CURRY V ESTATE OF TRINIDAD IRIZARRY |
| Motion No: CA 18-01167 |
| Slip Opinion No: 2018 NY Slip Op 78781(U) |
| Decided on July 24, 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 18-01167
| JAMES E. CURRY, PLAINTIFF-APPELLANT, V ESTATE OF TRINIDAD
IRIZARRY, 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 October 20, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Sean M. Spencer, Esq., dated June 26, 2018, the notice of motion with proof of service thereof, and the affirmation of Joy A. Kendrick, Esq., dated July 19, 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 September 24, 2018.
Entered: July 24, 2018
Mark W. Bennett, Clerk