PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00293

OFELIA RODRIGUEZ, PLAINTIFF-APPELLANT, V MARIA I. COLON, DEFENDANT-RESPONDENT.

Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 15, 2012, on the ground that appellant has failed to perfect timely the appeal, and

Appellant having cross-moved for permission to proceed as a poor person and for an extension of time perfect the appeal taken herein from the judgment entered October 15, 2012,

Now, upon reading and filing the affidavit of Norman E.S. Greene, Esq., sworn to February 13, 2013, the affirmation of Frank S. Falzone, Esq., dated February 19, 2013, and the affidavit of Ofelia Rodriguez sworn to January 7, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before xx/xx/xxxx, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: February 22, 2013

Frances E. Cafarell, Clerk