| VINCENT CHIARENZA V PHILIP GIBBS |
| Motion No: CA 12-01199 |
| Slip Opinion No: 2012 NY Slip Op 78435(U) |
| Decided on July 6, 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 PERADOTTO, JJ.
DOCKET NO. CA 12-01199
| VINCENT CHIARENZA, PLAINTIFF-APPELLANT, V PHILIP GIBBS,
DEFENDANT-RESPONDENT. |
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 January 27, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William Boltrek, III, Esq., dated June 18, 2012, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to June 27, 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 September 4, 2012.
Entered: July 6, 2012
Frances E. Cafarell, Clerk