Opinion
DOCKET NO. CA 17-00016
01-17-2017
MICRO-LINK, LLC, PLAINTIFF-APPELLANT, v. TOWN OF AMHERST, DEFENDANT-RESPONDENT.
PRESENT:
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 September 19, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavits of Marc W. Brown, Esq., sworn to December 27, 2016, and January 11, 2017, the affidavit of R. Anthony Rupp, III, Esq., sworn to January 9, 2017, 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 respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 20, 2017, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: January 17, 2017
Frances E. Cafarell, Clerk