William Mattar, P.C. v. Kenny & Kenny, PLLC

Full title: WILLIAM MATTAR, P.C., PLAINTIFF-RESPONDENT, v. KENNY AND KENNY, PLLC…

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

Date published: Jan 26, 2016

2016 N.Y. Slip Op. 62693 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00033

01-26-2016

WILLIAM MATTAR, P.C., PLAINTIFF-RESPONDENT, v. KENNY AND KENNY, PLLC, DEFENDANT-APPELLANT.

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 October 16, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Matthew J. Kaiser, Esq., sworn to January 7, 2016, the notice of motion with proof of service thereof, and the affidavit of Michael P. Kenny, Esq., sworn to January 20, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 28, 2016.

Entered: January 26, 2016

Frances E. Cafarell, Clerk