IN THE MATTER OF THOMAS DELGUDICO V ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY, AND REGIONAL TRANSIT SERVICE
Motion No: CA 11-01857
Slip Opinion No: 2011 NY Slip Op 85268(U)
Decided on September 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.


September 28, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-01857

IN THE MATTER OF THOMAS DELGUDICO,

PETITIONER-APPELLANT,

V

ROCHESTER-GENESEE REGIONAL TRANSPORTATION AUTHORITY,

AND REGIONAL TRANSIT SERVICE, INC.,

RESPONDENTS-RESPONDENTS.


Respondents 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 Monroe on February 14, 2011, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Greta K. Kolcon, Esq., dated September 9, 2011, the notice of motion with proof of service thereof, and the affirmation of Norman Andrew Palmiere, Esq., dated September 21, 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 November 28, 2011.

Entered: September 28, 2011

Patricia L. Morgan, Clerk