DUANE PRINCE V DEAN STAVALONE
Motion No: CA 11-02433
Slip Opinion No: 2011 NY Slip Op 93488(U)
Decided on December 20, 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.


December 20, 2011

DOCKET NO. CA 11-02433

DUANE PRINCE, PLAINTIFF-APPELLANT,

V

DEAN STAVALONE, 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 Monroe on July 29, 2011, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Charles A. Schiano, Esq., sworn to December 5, 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: December 20, 2011

Patricia L. Morgan, Clerk