HELEN LUPA V CITY OF OSWEGO
Motion No: CA 13-01020
Slip Opinion No: 2013 NY Slip Op 78350(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.


June 21, 2013

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

DOCKET NO. CA 13-01020

HELEN LUPA, PLAINTIFF-RESPONDENT,

V

CITY OF OSWEGO, 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 Oswego on March 12, 2013, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Amy M. Vanderlyke, Esq., dated June 5, 2013, the notice of motion with proof of service thereof, and the affidavit of Douglas M. McRae, Esq., sworn to June 7, 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