| STEVEN M. GARBER & ASSOCIATES, A PROFESSIONAL CORPORATION V KIM JOHN ZUBER JOSEPH J. BOSCO CARDOZO, M.D. |
| Motion No: CA 10-02518 |
| Slip Opinion No: 2011 NY Slip Op 63046(U) |
| Decided on February 3, 2011 |
| 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 10-02518
| STEVEN M. GARBER & ASSOCIATES, A PROFESSIONAL CORPORATION,
PLAINTIFF-RESPONDENT, V KIM JOHN ZUBER, DEFENDANT-APPELLANT, JOSEPH J. BOSCO CARDOZO, M.D.,
DEFENDANT. |
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 Monroe on October 21, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Peter M. Agulnick, Esq. dated January 10, 2011, the notice of motion with proof of service thereof, the affirmation of Amy L. DiFranco, Esq. dated January 13, 2011, 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 April 4, 2011.
Entered: February 3, 2011
Patricia L. Morgan, Clerk