| THERESA OVERHOFF V BAUER SERVICE, INC. THERESA OVERHOFF V BAUER SERVICE, INC. AND MICHAEL CAPRIOTTO (APPEAL NO. 2.) |
| Motion No: CA 11-01332 |
| Slip Opinion No: 2011 NY Slip Op 81979(U) |
| Decided on August 24, 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. |
DOCKET NO. CA 11-01332
DOCKET NO. CA 11-01333
| THERESA OVERHOFF, PLAINTIFF-APPELLANT, V BAUER SERVICE, INC.,
DEFENDANT-RESPONDENT. (APPEAL NO. 1.) THERESA OVERHOFF, PLAINTIFF-APPELLANT, V BAUER SERVICE, INC. AND MICHAEL
CAPRIOTTO, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
Respondent Bauer Service, Inc. having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 9, 2010 (Appeal No. 1), and December 21, 2011 (Appeal No. 2), on the ground that appellant has failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Ryan J. Mills, Esq., sworn to June 29, 2011, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is dismissed because the appeals have been perfected.
Entered: August 24, 2011
Patricia L. Morgan, Clerk