Opinion
DOCKET NO. CA 17-00355
03-06-2017
TAMAICA TAYLOR, PLAINTIFF-APPELLANT, v. MARCIA BIRDSONG AND DAVID L. VANGALIO, DEFENDANTS-RESPONDENTS.
PRESENT:
Respondent David L. Vangalio 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 Erie on August 30, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Philip C. Barth, III, Esq., dated February 17, 2017, the notice of motion with proof of service thereof, and the affirmation of Frank S. Falzone, Esq., dated March 2, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and that the appeal is dismissed, with respect to David L. Vangalio, without further order unless the appeal is perfected on or before May 5, 2017.
Entered: March 6, 2017
Frances E. Cafarell, Clerk