RITA LAURICELLA V LC APARTMENTS, LLC
Motion No: CA 18-01301
Slip Opinion No: 2018 NY Slip Op 79594(U)
Decided on July 30, 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.


July 30, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 18-01301

RITA LAURICELLA, PLAINTIFF-APPELLANT,

V

LC APARTMENTS, LLC, 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 Monroe on March 27, 2018, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Raul E. Martinez, Esq., sworn to July 16, 2018, the notice of motion with proof of service thereof, and the affidavit of Thomas J. Rzepka, Esq., sworn to July 25, 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 28, 2018.

Entered: July 30, 2018

Mark W. Bennett, Clerk