Respondent Safeco Insurance Company of Indiana 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 November 1, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kris E. Lawrence, Esq., dated February 5, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Frances E. Cafarell, Clerk