STEPHANIE NILSSON V SYSTEM CAPITAL REAL PROPERTY CORPORATION PIDANICK ENTERPRISES, INC. MCDONALD'S CORPORATION .
Motion No: CA 12-00666
Slip Opinion No: 2012 NY Slip Op 72009(U)
Decided on May 1, 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.


May 1, 2012

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

DOCKET NO. CA 12-00666

STEPHANIE NILSSON, PLAINTIFF-APPELLANT,

V

SYSTEM CAPITAL REAL PROPERTY CORPORATION, DEFENDANT,

PIDANICK ENTERPRISES, INC., DEFENDANT-RESPONDENT,

MCDONALD'S CORPORATION, ET AL., DEFENDANTS.


Respondent 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 Erie on December 2, 2011, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Carolyn M. Henry, Esq., sworn to April 9, 2012, the notice of motion with proof of service thereof, and the affirmation of Wayne C. Felle, Esq., dated April 16, 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 July 2, 2012.

Entered: May 1, 2012

Frances E. Cafarell, Clerk