| LINDA BOTSFORD V US MAINTENANCE, INC., RITE AID , AND MPC, INC. |
| Motion No: CA 12-00318 |
| Slip Opinion No: 2012 NY Slip Op 66566(U) |
| Decided on March 6, 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 12-00318
| LINDA BOTSFORD, PLAINTIFF-APPELLANT, V US MAINTENANCE, INC.,
RITE AID, ET AL., DEFENDANTS, AND MPC, INC., 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 Erie on October 25, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Brian P. Fitzgerald, Esq., sworn to February 8, 2012, and February 9, 2012, the notice of motion with proof of service thereof, and the affidavit of Michael L. Amodeo, Esq., sworn to March 2, 2012, 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 May 7, 2012.
Entered: March 6, 2012
Frances E. Cafarell, Clerk