Opinion
DOCKET NO. CA 17-00824
05-15-2017
JOSEPH M. BRAINARD, INDIVIDUALLY, AND ON BEHALF OF BRAICO ENTERPRISES, LLC, PLAINTIFF-APPELLANT, v. CINDY BARDEN, JOHN BARDEN, DOUBLE DOWN TRANSPORT NY INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.
PRESENT:
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 February 3, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of William F. Savino, Esq., sworn to May 1, 2017, the notice of motion with proof of service thereof, and the affidavit of Anthony J. Cervi, Esq,. sworn to May 11, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 14, 2017.
Entered: May 15, 2017
Frances E. Cafarell, Clerk