| BURT G. RAMOS V TIMOTHY P. HUGHES |
| Motion No: CA 12-02275 |
| Slip Opinion No: 2012 NY Slip Op 95094(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 12-02275
| BURT G. RAMOS, PLAINTIFF-RESPONDENT, V TIMOTHY P.
HUGHES, 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 Erie on June 19, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Shari Jo Reich, Esq., dated December 5, 2012, the notice of motion with proof of service thereof, and the affirmation of John F. Prescott, Jr., Esq., dated December 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 February 26, 2013.
Entered: December 28, 2012
Frances E. Cafarell, Clerk