| VALERIE HEATTER V MICHAEL E. DMOWSKI |
| Motion No: CA 13-00999 |
| Slip Opinion No: 2013 NY Slip Op 78344(U) |
| Decided on June 21, 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 13-00999
| VALERIE HEATTER, PLAINTIFF-RESPONDENT, V MICHAEL
E. DMOWSKI, DEFENDANT-APPELLANT. |
Respondent 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 March 5, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Sara T. Wallitt, Esq., sworn to May 24, 2013, the notice of motion with proof of service thereof, and the affidavit of Norman E.S. Greene, Esq., sworn to June 12, 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 20, 2013.
Entered: June 21, 2013
Frances E. Cafarell, Clerk