| JOANNE N. STUBBS V JOHN A. CAPELLINI, III E.A. CAPELLINI, RALPH J. FREETLY, AND ABF FREIGHT SYSTEM, INC. |
| Motion No: CA 12-01158 |
| Slip Opinion No: 2012 NY Slip Op 79184(U) |
| Decided on July 13, 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 12-01158
| JOANNE N. STUBBS, PLAINTIFF-APPELLANT, V JOHN A. CAPELLINI, III,
DEFENDANT-RESPONDENT, E.A. CAPELLINI, RALPH J. FREETLY, AND ABF FREIGHT SYSTEM, INC., DEFENDANTS. |
Respondent having 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 Niagara on March 21, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Brian Sutter, Esq., sworn to June 18, 2012, the notice of motion with proof of service thereof, the affirmation of Eric B. Grossman, Esq., dated June 26, 2012, and the affidavit of David M. Stillwell, 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 11, 2012.
Entered: July 13, 2012
Frances E. Cafarell, Clerk