| DOLORES SANTIAGO V KARL M. SCHMIDT |
| Motion No: CA 11-00336 |
| Slip Opinion No: 2011 NY Slip Op 67080(U) |
| Decided on March 14, 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 11-00336
| DOLORES SANTIAGO, PLAINTIFF-APPELLANT, V KARL M. SCHMIDT,
DEFENDANT-RESPONDENT. |
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 Oneida on August 12, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent J. Rossi, Jr, Esq. sworn to February 4, 2011, the notice of motion with proof of service thereof, and the affidavit of Marc Jonas, Esq. sworn to February 14, 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 May 13, 2011.
Entered: March 14, 2011
Patricia L. Morgan, Clerk