Opinion
Motion No: CA 12-00667
05-03-2012
DAVID EBELING AND MICHELE D. EBELING, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. PROGRESSIVE INSURANCE COMPANY, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved to dismiss the appeal 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 taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 9, 2012,
Now, upon reading and filing the affirmation of J. Michael Hayes, Esq., dated April 9, 2012, the affirmation of Steven E. Peiper, Esq., dated April 23, 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 motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before July 2, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk