| TODD ARMSTRONG V TILARO'S BAKERY, INC., SEBASTIAN P. TILARO, ANNA KRISTINA |
| Motion No: CA 11-02063 |
| Slip Opinion No: 2011 NY Slip Op 88611(U) |
| Decided on October 31, 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 11-02063
| TODD ARMSTRONG, PLAINTIFF-RESPONDENT, V TILARO'S BAKERY, INC.,
SEBASTIAN P. TILARO, ANNA KRISTINA, DEFENDANTS-RESPONDENTS. CHARTIS INSURANCE,
APPELLANT. |
Respondent Todd Armstrong 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 Cattaraugus on July 19, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank S. Kedzielawa, Esq., sworn to October 11, 2011, the notice of motion with proof of service thereof, the affidavit of Jared L. Garlipp, Esq., sworn to October 14, 2011, and the affirmation of Philip C. Barth, Esq., dated October 20, 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 December 30, 2011.
Entered: October 31, 2011
Patricia L. Morgan, Clerk