PATRICIA CURTO V ZITTEL'S DAIRY FARM, JOHN ZITTEL, SANDY ZITTEL, THOMAS DEXTER, JEFFREY GASPER
Motion No: NOS. CA 11-02445, CA 11-02446, AND CA 11-02447
Slip Opinion No: 2012 NY Slip Op 66570(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.


March 6, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 11-02445, CA 11-02446, AND CA 11-02447

PATRICIA CURTO, PLAINTIFF-APPELLANT,

V

ZITTEL'S DAIRY FARM, JOHN ZITTEL,

SANDY ZITTEL, THOMAS DEXTER,

JEFFREY GASPER, DEFENDANTS-RESPONDENTS.


Respondents Zittel's Dairy Farm, John Zittel, Sandy Zittel, and Thomas Dexter having moved to dismiss the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 8, 2011, on the ground that appellant has failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Peter P. Vasilion, Esq., dated February 20, 2012, the notice of motion with proof of service thereof, and the affidavit of Patricia J. Curto sworn to February 29, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 6, 2012

Frances E. Cafarell, Clerk