| YVETTE HUFF V ANITA L. RODRIGUEZ, FORMERLY KNOWN AS ANITA L. ROSARIO AND ENRIQUE RODRIGUEZ |
| Motion No: CA 11-00074 |
| Slip Opinion No: 2011 NY Slip Op 63780(U) |
| Decided on February 4, 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 11-00074
| YVETTE HUFF, PLAINTIFF-RESPONDENT, V ANITA L. RODRIGUEZ,
FORMERLY KNOWN AS ANITA L. ROSARIO AND ENRIQUE RODRIGUEZ, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 8, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Wayne C. Felle, Esq. dated January 10, 2011, the notice of motion with proof of service thereof, and the affidavit of Patrick S. Kenney, Esq. sworn to January 18, 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 1, 2011.
Entered: February 4, 2011
Patricia L. Morgan, Clerk