| GAETANO J. POLIZZI, DDS, D/B/A ALLBRITE DENTAL, PLLC V ANTHONY J. IPPOLITO, MS, DDS |
| Motion No: CA 10-00227 |
| Slip Opinion No: 2010 NY Slip Op 63069(U) |
| Decided on February 9, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00227
| GAETANO J. POLIZZI, DDS, D/B/A ALLBRITE DENTAL, PLLC,
PLAINTIFF-RESPONDENT, V ANTHONY J. IPPOLITO, MS, DDS, DEFENDANT-APPELLANT. |
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 Erie on May 6, 2009, 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,
Now, upon reading and filing the affidavit of Michael J. Flaherty sworn to January 26, 2010, the notice of motion with proof of service thereof, the opposing affidavit of John J. Keenan sworn to February 2, 2010,
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 April 9, 2010, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: February 9, 2010
Patricia L. Morgan, Clerk