| MARK V. SABIA, AS ADMINISTRATOR OF THE ESTATE OF MARIO V. SABIA, DECEASED V NIAGARA MOHAWK POWER CORPORATION, DOING |
| Motion No: CA 11-00172 |
| Slip Opinion No: 2011 NY Slip Op 71103(U) |
| Decided on April 27, 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 11-00172
| MARK V. SABIA, AS ADMINISTRATOR OF THE ESTATE OF MARIO V. SABIA,
DECEASED, PLAINTIFF-RESPONDENT, V NIAGARA MOHAWK POWER CORPORATION, DOING BUSINESS AS NATIONAL GRID, DEFENDANT, AND
NORTHERN ERIE SNO-SEEKERS, INC., DEFENDANT-APPELLANT. |
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 Erie on December 8, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Courtney G. Scime, Esq., sworn to March 28, 2011, the notice of motion with proof of service thereof, and the affirmation of Janet D. Callahan, Esq. dated April 6, 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 June 27, 2011.
Entered: April 27, 2011
Patricia L. Morgan, Clerk