Opinion
DOCKET NO. CA 17-01799
11-08-2017
MOIRA COLLINS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JENNIFER COOK, DECEASED, PLAINTIFF-APPELLANT, v. JAMES P. MCDONALD, CITY OF SYRACUSE, PHOEBE'S RESTAURANT, DEFENDANTS-RESPONDENTS. PHOEBE'S RESTAURANT, THIRD-PARTY PLAINTIFF, v. SYRACUSE UNIVERSITY, THIRD-PARTY DEFENDANT. (ACTION NO. 1.) BARBARA COOK, PLAINTIFF-APPELLANT, v. JAMES P. MCDONALD, CITY OF SYRACUSE, PHOEBE'S RESTAURANT, DEFENDANTS-RESPONDENTS. PHOEBE'S RESTAURANT, THIRD-PARTY PLAINTIFF, v. SYRACUSE UNIVERSITY, THIRD-PARTY DEFENDANT. (ACTION NO. 2.)
Respondent Phoebe's Restaurant 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 Onondaga on May 22, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Judith B. Aumand, Esq., dated October 5, 2017, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: November 8, 2017
Mark W. Bennett, Clerk