| LENEL SYSTEMS INTERNATIONAL, INC. V RICHARD TODD SMITH |
| Motion No: CA 11-02485 |
| Slip Opinion No: 2012 NY Slip Op 62270(U) |
| Decided on January 23, 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 11-02485
| LENEL SYSTEMS INTERNATIONAL, INC., PLAINTIFF-RESPONDENT, V
RICHARD TODD SMITH, DEFENDANT-APPELLANT. |
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 September 22, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of F. Michael Ostrander, Esq., dated December 13, 2011, the notice of motion with proof of service thereof, and the affidavit of Peter J. Weishaar, Esq., sworn to December 28, 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 23, 2012.
Entered: January 23, 2012
Frances E. Cafarell, Clerk