| KIMBERLY A. SHROUT, AS THE ADMINISTRATRIX OF THE ESTATE OF RAYMOND SHROUT, AND KIMBERLY A. SHROUT, INDIVIDUALLY V |
| Motion No: CA 09-02560 |
| Slip Opinion No: 2010 NY Slip Op 60887(U) |
| Decided on January 4, 2010 |
| 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 09-02560
| KIMBERLY A. SHROUT, AS THE ADMINISTRATRIX OF THE ESTATE OF RAYMOND
SHROUT, AND KIMBERLY A. SHROUT, INDIVIDUALLY, PLAINTIFF-APPELLANT, V ROCHESTER GAS & ELECTRIC CORPORATION, ET AL.,
DEFENDANTS, FRANK B. IACOVANGELO, AS THE PUBLIC ADMINISTRATOR OF THE ESTATE OF DALE FRAVEL,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 10, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Destin C. Santacrose sworn to December 15, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Valerie L. Barbic sworn to December 30, 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 March 5, 2010.
Entered: January 4, 2010
Patricia L. Morgan, Clerk