DAWN CALHOUN V COUNTY OF HERKIMER, HERKIMER COUNTY DEPARTMENT OF SOCIAL SERVICES, HERKIMER COUNTY OFFICE OF EMPLOYMENT
Motion No: CA 13-00348
Slip Opinion No: 2013 NY Slip Op 67346(U)
Decided on March 8, 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.


March 8, 2013

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

DOCKET NO. CA 13-00348

DAWN CALHOUN, PLAINTIFF-APPELLANT,

V

COUNTY OF HERKIMER, HERKIMER COUNTY DEPARTMENT OF SOCIAL

SERVICES, HERKIMER COUNTY OFFICE OF EMPLOYMENT AND TRAINING

ADMINISTRATION, KARIN ZIPKO, IN HER INDIVIDUAL AND OFFICIAL

CAPACITY, JEFFREY A. WHITTEMORE, IN HIS INDIVIDUAL AND

OFFICIAL CAPACITY, STEVEN BILLINGS, IN HIS INDIVIDUAL AND OFFICIAL

CAPACITY, JOHN AND JANE DOES, IN THEIR INDIVIDUAL AND OFFICIAL

CAPACITY, 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 Herkimer on October 30, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Mary Elizabeth Kissane, Esq., dated February 14, 2013, the notice of motion with proof of service thereof, and the affirmation of A.J. Bosman, Esq., dated February 28, 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 7, 2013.

Entered: March 8, 2013

Frances E. Cafarell, Clerk