Opinion
DOCKET NO. CA 13-01700
10-09-2013
TOWN OF AMHERST, PLAINTIFF-APPELLANT, v. PAUL D. WEISS, ESQ., BARTLO, HETTLER & WEISS, POLOWITZ & SCHWACH, LLP AND WAYNE R. GRADL, ESQ., DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents 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 July 8, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of David M. Hehr, Esq., sworn to September 23, 2013, and October 3, 2013, the affidavit of Nicole A. Heary, Esq., sworn to September 23, 2013, the notices of motion with proof of service thereof, the affidavit of Chad Murray, Esq., sworn to September 30, 2013, and the affidavit of Christopher E. Wilkins, Esq., sworn to October 2, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the appeal is dismissed without further order unless the appeal is perfected on or before December 2, 2013.
Frances E. Cafarell, Clerk