| KIMBERLY MITCHELL CONVERSE V DOLE FOOD COMPANY, INC. AND DOLE FRESH FRUIT COMPANY, INC. AND LEONARD'S EXPRESS, INC. |
| Motion No: CA 11-02438 |
| Slip Opinion No: 2012 NY Slip Op 60915(U) |
| Decided on January 5, 2012 |
| 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 11-02438
| KIMBERLY MITCHELL CONVERSE, PLAINTIFF-RESPONDENT, V DOLE
FOOD COMPANY, INC. AND DOLE FRESH FRUIT COMPANY, INC., DEFENDANTS-APPELLANTS, AND LEONARD'S EXPRESS, INC., DEFENDANT, DOLE
FOOD COMPANY, INC. AND DOLE FRESH FRUIT COMPANY, INC., THIRD-PARTY PLAINTIFFS, V PLEASURE ACRES, LLC, THIRD-PARTY
DEFENDANT. |
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 Steuben on September 6, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mark H. Cantor, Esq., dated December 2, 2011, the notice of motion with proof of service thereof, and the affirmation of John R. Condren, Esq., dated December 27, 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 March 5, 2012.
Entered: January 5, 2012
Frances E. Cafarell, Clerk