OROSMAN DELSOL V FAMILY DOLLAR STORES OF NEW YORK, INC.
Motion No: CA 12-01375
Slip Opinion No: 2012 NY Slip Op 82289(U)
Decided on August 21, 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.


August 21, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01375

OROSMAN DELSOL, PLAINTIFF-APPELLANT,

V

FAMILY DOLLAR STORES OF NEW YORK, INC.,

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 Jefferson on April 17, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Sandra J. Sabourin, Esq., sworn to July 19, 2012, the notice of motion with proof of service thereof, and the affidavit of Steven A. Lucia, Esq., sworn to August 6, 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 October 22, 2012.

Entered: August 21, 2012

Frances E. Cafarell, Clerk