| STEPHEN F. MENTER V CITY OF OLEAN |
| Motion No: CA 12-01304 |
| Slip Opinion No: 2012 NY Slip Op 80484(U) |
| Decided on July 27, 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 12-01304
| STEPHEN F. MENTER, PLAINTIFF-RESPONDENT, V CITY OF OLEAN,
DEFENDANT-APPELLANT. |
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 Cattaraugus on February 28, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mary B. Schiller, Esq., sworn to July 13, 2012, the notice of motion with proof of service thereof, and the affidavit of Norman G. S. Greene, Esq., sworn to July 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 September 25, 2012.
Entered: July 27, 2012
Frances E. Cafarell, Clerk