| ROBERT KWITOWSKI V BRD, INC. |
| Motion No: CA 11-01439 |
| Slip Opinion No: 2011 NY Slip Op 79759(U) |
| Decided on July 28, 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 11-01439
| ROBERT KWITOWSKI, PLAINTIFF-RESPONDENT, V BRD, 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 April 14, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Alan P. Schaefer, Esq., sworn to July 11, 2011, the notice of motion with proof of service thereof, and the affirmation of Dennis P. Glascott, Esq., dated July 18, 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 September 26, 2011.
Entered: July 28, 2011
Patricia L. Morgan, Clerk