| KATHLEEN A. SARGENT, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ERIC J. ENGASSER, DECEASED V DONALD MAMMOSER |
| Motion No: CA 13-00042 |
| Slip Opinion No: 2013 NY Slip Op 66580(U) |
| Decided on March 5, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00042
| KATHLEEN A. SARGENT, INDIVIDUALLY AND AS
ADMINISTRATRIX OF THE ESTATE OF ERIC J. ENGASSER, DECEASED, PLAINTIFF-APPELLANT, V DONALD MAMMOSER,
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 August 30, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Keith N. Bond, Esq., sworn to January 7, 2013, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated February 8, 2013, 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 May 6, 2013.
Entered: March 5, 2013
Frances E. Cafarell, Clerk