| SHAWN MEILLER V MARIE ELIZABETH KUTZBACH AND GARY J. BAILEY |
| Motion No: CA 22-01474 |
| Slip Opinion No: 2022 NY Slip Op 73651(U) |
| Decided on October 25, 2022 |
| 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 LINDLEY, JJ.
CA 22-01474
| SHAWN MEILLER, PLAINTIFF-APPELLANT, V MARIE
ELIZABETH KUTZBACH, DEFENDANT, AND GARY J. BAILEY, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Erie County, entered July 29, 2022, on the ground that the appeal was not timely taken, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed (see CPLR 5513 [a]), and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Entered: October 25, 2022
Ann Dillon Flynn
Clerk of the Court