| ELIZABETH COSTANZO V COUNTY OF CHAUTAUQUA, JILL T. ROSAGE, AS ADMINISTRATRIX OF THE ESTATE OF PAUL L. ROSAGE, DECEASED |
| Motion No: CA 12-01726 |
| Slip Opinion No: 2012 NY Slip Op 86203(U) |
| Decided on October 2, 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 12-01726
| ELIZABETH COSTANZO, PLAINTIFF-RESPONDENT, V
COUNTY OF CHAUTAUQUA, DEFENDANT JILL T. ROSAGE, AS ADMINISTRATRIX OF THE ESTATE OF PAUL L. ROSAGE, DECEASED,
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 Chautauqua on May 21, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Duane D. Schoonmaker, Esq., dated September 13, 2012, the notice of motion with proof of service thereof, and the affirmation of Kris E. Lawrence, Esq., dated September 19, 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 December 3, 2012.
Entered: October 2, 2012
Frances E. Cafarell, Clerk