Opinion
DOCKET NO. CA 13-01401
09-18-2013
SHIRLEY A. CRAWLEY, PLAINTIFF-APPELLANT, v. SUZANNE M. SMITH AND FRONTIER TELEPHONE OF ROCHESTER INC., DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent Suzanne M. Smith 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 April 5, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James A. Davis, Esq., dated August 19, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is dismissed without prejudice to renewal upon a showing that more than 60 days has passed since service of the notice of appeal (see 22 NYCRR 1000.12 [a]).
Frances E. Cafarell, Clerk