| JOHN O. VANDERHOEF V JOHN DOE, MARY DOE AND FORTUNA ENERGY, INC. |
| Motion No: CA 12-01606 |
| Slip Opinion No: 2012 NY Slip Op 84917(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 12-01606
| JOHN O. VANDERHOEF, PLAINTIFF-APPELLANT, V JOHN
DOE, MARY DOE AND FORTUNA ENERGY, INC., DEFENDANTS-RESPONDENTS. |
Respondent Janet Callahan Feldt 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 April 17, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Christopher J. Ferratella, Esq., dated August 28, 2012, the notice of motion with proof of service thereof, the affirmation of David G. Wallace, Esq., dated September 11, 2012, and the affirmation of Conrad R. Nolan, Esq., dated September 12, 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 November 19, 2012
Entered: September 18, 2012
Frances E. Cafarell, Clerk