| RICHARD PIOTROWSKI V MCGUIRE MANOR, INC. |
| Motion No: CA 13-00856 |
| Slip Opinion No: 2013 NY Slip Op 75975(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 13-00856
| RICHARD PIOTROWSKI, PLAINTIFF-RESPONDENT, V
MCGUIRE MANOR, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 7, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to May 14, 2013, the notice of motion with proof of service thereof, and the affidavit of Meghann N. Roehl, Esq., sworn to May 17, 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 August 5, 2013.
Entered: June 5, 2013
Frances E. Cafarell, Clerk