Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered October 19, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Nicholas T. Texido, Esq. sworn to April 12, 2012, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Frances E. Cafarell, Clerk