Perkins v. Buffalo Mun. Hous. Auth.

Full title: IN THE MATTER OF CAROLETTE PERKINS, PETITIONER-APPELLANT, v. BUFFALO…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 13, 2016

2016 N.Y. Slip Op. 61327 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 15-01943

01-13-2016

IN THE MATTER OF CAROLETTE PERKINS, PETITIONER-APPELLANT, v. BUFFALO MUNICIPAL HOUSING AUTHORITY, RESPONDENT-RESPONDENT.

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

PRESENT:

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 August 5, 2015, on the ground that appellant failed to timely serve the notice of appeal pursuant to CPLR 5515 (a) and 5513 (a), and for failure to timely perfect the appeal,

Now, upon reading and filing the affidavit of Cory J. Weber, Esq., sworn to November 18, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal taken from the order entered August 5, 2015 is dismissed.

Entered: January 13, 2016

Frances E. Cafarell, Clerk