| FAREEDAH A. BARNES V DANIEL S. HABUDA, INDIVIDUALLY AND DOING BUSINESS AS DAN'S COLLISION |
| Motion No: CA 13-01669 |
| Slip Opinion No: 2013 NY Slip Op 87866(U) |
| Decided on October 9, 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 13-01669
| FAREEDAH A. BARNES, PLAINTIFF-APPELLANT, V DANIEL
S. HABUDA, INDIVIDUALLY AND DOING BUSINESS AS DAN'S COLLISION, DEFENDANT-RESPONDENT. |
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 April 30, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of George G. Mackey, Esq., dated September 16, 2013, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to September 30, 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 December 9, 2013.
Entered: October 9, 2013
Frances E. Cafarell, Clerk