| DAVID DALE V CITADEL SECURITY AGENCY, ET. AL. |
| Motion No: CA 11-00836 |
| Slip Opinion No: 2011 NY Slip Op 75021(U) |
| Decided on June 6, 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 11-00836
| DAVID DALE, PLAINTIFF-APPELLANT, V CITADEL SECURITY AGENCY, ET.
AL., DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of Erie County Court entered in the Office of the Clerk of the County of Erie on December 15, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jonathan D. Cox, Esq. sworn to April 19, 2011, the notice of motion with proof of service thereof, and the affidavit of David Dale sworn to May 5, 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 August 5, 2011.
Entered: June 6, 2011
Patricia L. Morgan, Clerk