Opinion
DOCKET NO. CA 13-00274
03-07-2013
JOSEPH V. PARLATO, PLAINTIFF-APPELLANT, v. BILL E. SPRINGER, 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 Erie County Court entered in the Office of the Clerk of the County of Erie on August 23, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Pamela S. Schaller, Esq., dated February 4, 2013, the notice of motion with proof of service thereof, and the affidavit of Joseph V. Parlato sworn to February 19, 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 6, 2013.
Frances E. Cafarell, Clerk