Opinion
Motion No: CA 12-01494
09-12-2012
GERALD BIELICKI, PLAINTIFF-APPELLANT, v. EXCEL INDUSTRIES, INC., DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Erie on March 1, 2012, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal from the order entered March 1, 2012,
Now, upon reading and filing the affirmation of Tara E. Waterman, Esq., dated August 8, 2012, the affirmation of Pasquale V. Bochiechio, Esq., dated August 27, 2012, 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 motions are dismissed as moot because the appeal has been perfected.
Frances E. Cafarell, Clerk