Opinion
DOCKET NO. CA 13-01230
07-16-2013
ACCADIA SITE CONTRACTING, INC., PLAINTIFF-APPELLANT, v. ERIE COUNTY WATER AUTHORITY, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 April 9, 2013, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal taken from the order and judgment entered April 9, 2013,
Now, upon reading and filing the affidavit of Amber E. Storr, Esq., sworn to July 3, 2013, the affirmation of Andrew O. Miller, Esq., received July 11, 2013, and the notices of motion and cross motion with proof of service thereof, 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 September 16, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk