KATHLEEN KOHLBRENNER V CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, CNY CENTRO, INC., AND CENTRO OF ONEIDA, INC.
Motion No: CA 12-00490
Slip Opinion No: 2012 NY Slip Op 69932(U)
Decided on April 5, 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.


April 5, 2012

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

DOCKET NO. CA 12-00490

KATHLEEN KOHLBRENNER, PLAINTIFF-APPELLANT,

V

CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY,

CNY CENTRO, INC., AND CENTRO OF ONEIDA, INC.,

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 Oneida on December 21, 2011, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affidavit of Mark R. Schlegel, Esq., sworn to March 9, 2012, the affidavit of B. Brooks Benson, Esq., sworn to March 22, 2012, and the notices of motion and cross motion with proof of service thereof, 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 June 4, 2012, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: April 5, 2012

Frances E. Cafarell, Clerk