| ANIKA FLORENCE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DESHA C. SANDERS, DECEASED V HERBERT HOOVER MIDDLE |
| Motion No: CA 13-00162 |
| Slip Opinion No: 2013 NY Slip Op 63900(U) |
| Decided on January 31, 2013 |
| 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. |
DOCKET NO. CA 13-00162
| ANIKA FLORENCE, INDIVIDUALLY AND AS ADMINISTRATRIX OF
THE ESTATE OF DESHA C. SANDERS, DECEASED, PLAINTIFF-APPELLANT, V HERBERT HOOVER MIDDLE SCHOOL, KENMORE-TOWN OF
TONAWANDA UFSD AND KENMORE-TOWN OF TONAWANDA UFSD BOARD OF EDUCATION,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 9, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jody E. Briandi, Esq., sworn to January 7, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: January 31, 2013
Frances E. Cafarell, Clerk