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

DOCKET NO. CA 13-01505

SYLVIA F. BRYANT, PLAINTIFF-RESPONDENT, V WILLIAM M. CARTY, 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 Allegany on March 22, 2013, on the ground that appellant failed to perfect timely the appeal, and

Appellant having cross-moved for an extension of time to perfect the appeal and having moved to settle the record,

Now, upon reading and filing the affirmation of Donald A. White, Esq., dated August 21, 2013, the affirmation of Edward J. Degnan, Esq., dated September 10, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar far as it seeks to dismiss the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 20, 2013, and

It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect the appeal is dismissed as unnecessary, and

It is further ORDERED that the cross motion is otherwise denied.

Memorandum: A motion to settle the record on appeal shall be addressed to the court from which the appeal is taken (22 NYCRR 1000.4 [a] [1] [ii]).

Entered: October 21, 2013

Frances E. Cafarell, Clerk