Opinion
Motion No: CA 12-00189
02-08-2012
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Oneida on October 11, 2011, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal taken herein from the order entered October 11, 2011,
Now, upon reading and filing the affirmation of Kristi L. Fanelli, Esq., dated January 19, 2012, the affidavit of Sherry R. Bruce, Esq., sworn to January 27, 2012, and the notices of motion and cross motion with proof of service thereof, 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 April 9, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk