Opinion
DOCKET NO. CA 15-01584
10-01-2015
SHMUEL SHMUELI, PLAINTIFF-APPELLANT, v. WHITESTAR DEVELOPMENT CORP., 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 Niagara on June 12, 2015, 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 affidavit of Frank J. Jacobson, Esq., sworn to September 16, 2015, the affirmation of Mark F. Heinze, Esq., dated September 23, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereof,
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 November 30, 2015, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: October 1, 2015
Frances E. Cafarell, Clerk