Opinion
Motion No: CA 12-00432
03-12-2012
RUSTIN R. HOWARD, PLAINTIFF-APPELLANT, v. BIOWORKS, INC., DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on November 21, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven E. Cole, Esq., dated March 1, 2012, the notice of motion with proof of service thereof, and the affidavit of Andrew J. Ryan, Esq., sworn to March 9, 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 May 11, 2012.
Frances E. Cafarell, Clerk