| JO-ANN RIPKA V T. KEVIN FAHEY, ESQ., ANTHONY J. DIMARTINO, JR., ESQ. AND LIONEL LEE HECTOR, ESQ. |
| Motion No: CA 11-01980 |
| Slip Opinion No: 2011 NY Slip Op 88649(U) |
| Decided on November 1, 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 11-01980
| JO-ANN RIPKA, PLAINTIFF-APPELLANT, V T. KEVIN FAHEY, ESQ.,
ANTHONY J. DIMARTINO, JR., ESQ., DEFENDANTS, AND LIONEL LEE HECTOR, ESQ., DEFENDANT-RESPONDENT. |
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 Oswego on May 17, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David E. Leach, Esq., sworn to September 29, 2011, and, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: November 1, 2011
Patricia L. Morgan, Clerk