Opinion
DOCKET NO. CA 17-00117
03-06-2017
ROBERT M. WEICHERT, PLAINTIFF-APPELLANT, v. NICHOLE FINK, DEFENDANT AND LISE BROWN, DEFENDANT-RESPONDENT.
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 Onondaga on November 3, 2016, on the grounds that appellant failed to perfect timely the appeal and that the appeal is moot, and having moved for costs and sanctions,
Now, upon reading and filing the affidavit of Paul G. Ferrara, Esq., sworn to January 16, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss for failure to perfect timely the appeal is granted, and the appeal is dismissed without costs, and
It is further ORDERED that the motion insofar as it seeks costs and sanctions is denied without prejudice.
Entered: March 6, 2017
Frances E. Cafarell, Clerk