| VIVIAN M. AUSTIN V CDGA NATIONAL BANK TRUST, CANANDAIGUA NATIONAL CORPORATION DOING BUSINESS AS CANANDAIGUA NATIONAL |
| Motion No: CA 13-00351 |
| Slip Opinion No: 2013 NY Slip Op 67366(U) |
| Decided on March 12, 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 13-00351
| VIVIAN M. AUSTIN, PLAINTIFF-APPELLANT, V CDGA
NATIONAL BANK TRUST, CANANDAIGUA NATIONAL CORPORATION DOING BUSINESS AS CANANDAIGUA NATIONAL BANK AND TRUST
COMPANY, DEFENDANTS-RESPONDENTS. |
Respondents 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 Ontario on October 29, 2012, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal taken herein from the order entered October 29, 2012,
Now, upon reading and filing the affidavit of Erica M. DiRenzo, Esq., sworn to February 21, 2013, the affidavit of Sara T. Wallitt, Esq., sworn to March 4, 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 is granted and the appeal is dismissed without further order unless the appeal is perfected on or before May 13, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: March 12, 2013
Frances E. Cafarell, Clerk