| LORI PILATO V ERIE COUNTY MEDICAL CENTER AND ALLPRO PARKING, LLC |
| Motion No: CA 13-00868 |
| Slip Opinion No: 2013 NY Slip Op 75974(U) |
| Decided on June 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 13-00868
| LORI PILATO, PLAINTIFF-APPELLANT, V ERIE COUNTY
MEDICAL CENTER AND ALLPRO PARKING, LLC, 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 Erie on December 26, 2012, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved to extend the time to perfect the appeal from the order entered December 26, 2012,
Now, upon reading and filing the affirmation of Daniel J. Caffrey, Esq., dated May 14, 2013, the affirmation of Gerard A. Strauss, Esq., dated May 20, 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 August 5, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: June 5, 2013
Frances E. Cafarell, Clerk