Opinion
Motion No: CA 14-02063
01-28-2015
DENISE CAWTHARD, PLAINTIFF-APPELLANT, v. RICHARD E. SCHREIER, DEFENDANT-RESPONDENT, AND EUGENE L. POHANCSEK, DEFENDANT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondent having moved, pursuant to CPLR 5513 (a) and 5515, 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 September 22, 2014, on the ground that appellant failed to serve timely the notice of appeal,
Now, upon reading and filing the affidavit of Robert E. Scott, Esq., sworn to November 14, 2014, and the notice of motion with proof of service thereof, and no papers having been submitted in opposition to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: January 28, 2015
Frances E. Cafarell, Clerk