| MARY E. MCEVOY AND JOHN C. MCEVOY, JR. V KATERINA KALASKOVA UNITED LEASING, INC. AND PREMIER CAR RENTAL |
| Motion No: CA 12-00736 |
| Slip Opinion No: 2012 NY Slip Op 72027(U) |
| Decided on May 2, 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 CARNI, JJ.
DOCKET NO. CA 12-00736
| MARY E. MCEVOY AND JOHN C. MCEVOY, JR., PLAINTIFFS, V KATERINA
KALASKOVA, DEFENDANT-RESPONDENT, UNITED LEASING, INC., DEFENDANT-APPELLANT, AND PREMIER CAR RENTAL,
DEFENDANT. |
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 November 25, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David M. Stillwell, Esq., sworn to April 16, 2012, the notice of motion with proof of service thereof, and the affidavit of James P. Nonkes, Esq., sworn to April 23, 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 2, 2012
Frances E. Cafarell, Clerk