| SHIRLEY A. CRAWLEY V SUZANNE M. SMITH AND FRONTIER TELEPHONE OF ROCHESTER |
| Motion No: CA 13-01401 |
| Slip Opinion No: 2013 NY Slip Op 85762(U) |
| Decided on September 18, 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 13-01401
| SHIRLEY A. CRAWLEY, PLAINTIFF-APPELLANT, V
SUZANNE M. SMITH AND FRONTIER TELEPHONE OF ROCHESTER, DEFENDANTS-RESPONDENTS. |
Respondent Frontier Telephone of Rochester 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 April 5, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas P. Carafa, Esq., sworn to August 5, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is dismissed without prejudice to renewal upon a showing that more than 60 days has passed since service of the notice of appeal (see 22 NYCRR 1000.12 [a]).
Entered: September 18, 2013
Frances E. Cafarell, Clerk