Opinion
DOCKET NO. CA 13-00361
03-12-2013
ROBERT K. MONETTE AND SHARON M. MONETTE, PLAINTIFFS-RESPONDENTS, v. CHRISTINA L. TRUMMER, JESSE L. BALL, DEFENDANTS, AND JIM BALL PONTIAC-BUICK-GMC, INC., DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on November 16, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey A. Black, Esq., sworn to February 20, 2013, the notice of motion with proof of service thereof, and the affirmation of Christopher R. Turner, Esq., dated March 1, 2013, 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 May 13, 2013.
Frances E. Cafarell, Clerk