Overhoff
v.
Bauer Serv. Inc.

Appellate Division of the Supreme Court of the State of New YorkAug 24, 2011
Motion No: CA 11-01332 (N.Y. App. Div. Aug. 24, 2011)

Motion No: CA 11-01332 DOCKET NO. CA 11-01333

08-24-2011

THERESA OVERHOFF, PLAINTIFF-APPELLANT, v. BAUER SERVICE, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) THERESA OVERHOFF, PLAINTIFF-APPELLANT, v. BAUER SERVICE, INC. AND MICHAEL CAPRIOTTO, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)


Respondent Bauer Service, Inc. having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 9, 2010 (Appeal No. 1), and December 21, 2011 (Appeal No. 2), on the ground that appellant has failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Ryan J. Mills, Esq., sworn to June 29, 2011, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is dismissed because the appeals have been perfected.

Patricia L. Morgan, Clerk