| RUSTIN R. HOWARD V BIOWORKS, INC. |
| Motion No: CA 12-00432 |
| Slip Opinion No: 2012 NY Slip Op 67273(U) |
| Decided on March 12, 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 12-00432
| RUSTIN R. HOWARD, PLAINTIFF-APPELLANT, V BIOWORKS, INC.,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on November 21, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven E. Cole, Esq., dated March 1, 2012, the notice of motion with proof of service thereof, and the affidavit of Andrew J. Ryan, Esq., sworn to March 9, 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 11, 2012.
Entered: March 12, 2012
Frances E. Cafarell, Clerk