| GERALD BIELICKI V EXCEL INDUSTRIES, INC. |
| Motion No: CA 12-01494 |
| Slip Opinion No: 2012 NY Slip Op 83874(U) |
| Decided on September 12, 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 12-01494
| GERALD BIELICKI, PLAINTIFF-APPELLANT, V EXCEL
INDUSTRIES, 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 Erie on March 1, 2012, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal from the order entered March 1, 2012,
Now, upon reading and filing the affirmation of Tara E. Waterman, Esq., dated August 8, 2012, the affirmation of Pasquale V. Bochiechio, Esq., dated August 27, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are dismissed as moot because the appeal has been perfected.
Entered: September 12, 2012
Frances E. Cafarell, Clerk