| DEBRA J. MILLER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF EDWARD M. MILLER, DECEASED V SAVARINO CONSTRUCTION |
| Motion No: CA 12-00504 |
| Slip Opinion No: 2012 NY Slip Op 68703(U) |
| Decided on March 28, 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 12-00504
| DEBRA J. MILLER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF
EDWARD M. MILLER, DECEASED, PLAINTIFF-APPELLANT, V SAVARINO CONSTRUCTION CORPORATION AND 26 MISSISSIPPI STREET LLC,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Niagara on December 8, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Tara E. Waterman, Esq., dated March 13, 2012, the notice of motion with proof of service thereof, and the affidavit of Michael J. Skoney, Esq., sworn to March 20, 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 29, 2012.
Entered: March 28, 2012
Frances E. Cafarell, Clerk