Opinion
DOCKET NO. CA 13-02003
12-19-2013
FRANKLIN TATE, PLAINTIFF-APPELLANT, v. TIMOTHY L. BROWN, DEFENDANT-RESPONDENT.
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 31, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Hilary C. Banker, Esq., dated November 5, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Frances E. Cafarell, Clerk