| ANNE M. ACCETTA V AFTON R. SIMMONS |
| Motion No: CA 12-01654 |
| Slip Opinion No: 2012 NY Slip Op 84899(U) |
| Decided on September 18, 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 12-01654
| ANNE M. ACCETTA, PLAINTIFF-APPELLANT, V AFTON R.
SIMMONS, 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 Steuben on June 14, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Matthew A. Lenhard, Esq., sworn to August 31, 2012, and September 5, 2012, the notice of motion with proof of service thereof, and the affidavit of Michael A. Donlon, Esq., sworn to September 7, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: September 18, 2012
Frances E. Cafarell, Clerk