| SANDRA TINCH-MCNIELL V ALCOHOL AND DRUG DEPENDENCY SERVICES, INC. |
| Motion No: CA 11-00681 |
| Slip Opinion No: 2011 NY Slip Op 71105(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 11-00681
| SANDRA TINCH-MCNIELL, PLAINTIFF-APPELLANT, V ALCOHOL AND
DRUG DEPENDENCY SERVICES, INC., 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 Erie on September 24, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Brian Wisniewski, Esq. dated March 31, 2011, and April 19, 2011, the notice of motion with proof of service thereof, and the affirmations of Louis Rosado, Esq. dated April 15, 2011, and April 22, 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