| BIRDSONG ESTATES HOMEOWNERS ASSOCIATION, INC. V THE D.P.S. SOUTHWESTERN CORP., ALSO KNOWN AS D.P.S. SOUTHWESTERN CORP. |
| Motion No: CA 12-00877 |
| Slip Opinion No: 2012 NY Slip Op 74723(U) |
| Decided on May 25, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 12-00877
| BIRDSONG ESTATES HOMEOWNERS ASSOCIATION, INC.,
PLAINTIFF-APPELLANT, V THE D.P.S. SOUTHWESTERN CORP., ALSO KNOWN AS D.P.S. SOUTHWESTERN CORP.
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 13, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Craig R. Bucki, Esq., sworn to May 10, 2012, the notice of motion with proof of service thereof, and the affirmation of Heath J. Szymczak, Esq., dated May 17, 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 June 29, 2012.
Entered: May 25, 2012
Frances E. Cafarell, Clerk