| FRANCIS J. MAGGIOTTO V SCHOFIELD HOME HEALTH CARE SERVICES, C/O SCHOFIELD RESIDENCE, WHEEL CHAIR HOME, INC., AND THE |
| Motion No: CA 13-00297 |
| Slip Opinion No: 2013 NY Slip Op 67339(U) |
| Decided on March 7, 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 13-00297
| FRANCIS J. MAGGIOTTO, PLAINTIFF-APPELLANT, V
SCHOFIELD HOME HEALTH CARE SERVICES, C/O SCHOFIELD RESIDENCE, WHEEL CHAIR HOME, INC., AND THE MENNE NURSERY
CORPORATION, DEFENDANTS-RESPONDENTS. |
Respondent The Menne Nursery Corporation 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 6, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Destin C. Santacrose, Esq., sworn to February 11, 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: March 7, 2013
Frances E. Cafarell, Clerk