Opinion
Motion No: CA 12-02073
12-19-2012
BONNIE L. BURTON, PLAINTIFF-APPELLANT, v. MICHAEL T. SCIANO, M.D., ST. ELIZABETH MEDICAL CENTER, AND RITE AID OF N.Y., INC., DOING BUSINESS AS RITE AID PHARMACY, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents Rite Aid of N.Y., Inc., doing business as Rite Aid Pharmacy, 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 Oneida on August 17, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Laurence D. Behr, Esq., dated November 5, 2012, and November 29, 2012, the notice of motion with proof of service thereof, and the affirmation of Joseph S. Cote, III, Esq., dated November 15, 2012, 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 February 1, 2013.
Frances E. Cafarell, Clerk