| MATTHEW CAPUANO V ROCHESTER INSTITUTE OF TECHNOLOGY |
| Motion No: CA 09-01124 |
| Slip Opinion No: 2009 NY Slip Op 85847(U) |
| Decided on October 13, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 09-01124
| MATTHEW CAPUANO, PLAINTIFF-APPELLANT, V ROCHESTER INSTITUTE
OF TECHNOLOGY, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 2, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Donald W. O'Brien, Jr. sworn to September 22, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard S. Tubiolo dated October 6, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 12, 2009.
Entered: October 13, 2009
Patricia L. Morgan, Clerk