| THOMAS S. LANE V JON DUSSE |
| Motion No: CA 12-02368 |
| Slip Opinion No: 2012 NY Slip Op 95089(U) |
| Decided on December 28, 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 12-02368
| THOMAS S. LANE, PLAINTIFF-APPELLANT, V JON DUSSE,
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 September 4, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Corey A. Auerbach, Esq., dated December 14, 2012, the notice of motion with proof of service thereof, and the affirmation of Kevin T. O'Brien, Esq., dated December 20, 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 February 28, 2013.
Entered: December 28, 2012
Frances E. Cafarell, Clerk