Opinion
DOCKET NO. CA 15-01864
11-24-2015
LORI A. ROGLER, PLAINTIFF-RESPONDENT, v. ALICIA E. PATRICKO, DEFENDANT-APPELLANT.
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 Niagara on June 2, 2015, on the grounds that appellant failed to properly serve the notice of appeal and for failure to perfect timely the appeal,
Now, upon reading and filing the affirmation of J. Michael Hayes, Esq., dated October 29, 2015, the notice of motion with proof of service thereof, and the affirmation of Nicole B. Palmerton, Esq., dated November 3, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the appellant shall serve the necessary parties with the notice of appeal on or before December 9, 2015, and file with this Court an affidavit of service of the notice of appeal (see CPLR 5520 [a]), and
It is further ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 25, 2016.
Entered: November 24, 2015
Frances E. Cafarell, Clerk