| ELIZABETH CASTELLANO V MICHAEL AQUINO, D.P.M. |
| Motion No: CA 11-00886 |
| Slip Opinion No: 2011 NY Slip Op 74350(U) |
| Decided on May 26, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-00886
| ELIZABETH CASTELLANO, PLAINTIFF-APPELLANT, V MICHAEL AQUINO,
D.P.M., 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 March 4, 2011, on the ground that appellant failed to file timely a notice of appeal,
Now, upon reading and filing the affidavit of Meghann N. Roehl, Esq. sworn to April 26, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: May 26, 2011
Patricia L. Morgan, Clerk