Opinion
Motion No: CA 12-00262
03-02-2012
PRESENT: , P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, 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 Niagara on July 15, 2011, on the ground that appellant has failed to perfect timely the appeal, and having moved for other relief,
Now, upon reading and filing the affidavit of Kevin A. Lane, Esq., sworn to February 3, 2012, the notice of motion with proof of service thereof, and the affidavit of John J. Delmonte, Esq., sworn to February 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 May 1, 2012.
Frances E. Cafarell, Clerk