| TONYA JONES V MARK K. BANKS, PAMELA J. WHITE, JULIAN VAZQUEZ AND JOHNNIE CALEGON |
| Motion No: CA 12-00091 |
| Slip Opinion No: 2012 NY Slip Op 70663(U) |
| Decided on April 18, 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. |
DOCKET NO. CA 12-00091
| TONYA JONES, PLAINTIFF-APPELLANT, V MARK K. BANKS, PAMELA J.
WHITE, JULIAN VAZQUEZ AND JOHNNIE CALEGON, DEFENDANTS-RESPONDENTS. |
Respondents Julian Vazquez and Johnnie Calegon having moved and respondents Mark K. Banks and Pamela J. White having cross moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 2, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James D. Schultz, Jr., Esq., dated March 27, 2012, the affidavit of Alan J. De Peters, Esq., sworn to April 4, 2012, and the notices of motion and cross motion with proof of service thereof,
It is hereby ORDERED that the motions are granted and the appeal is dismissed without costs.
Entered: April 18, 2012
FRANCES E. CAFARELL, Clerk