Opinion
DOCKET NO. CA 13-00507
04-12-2013
AMERICAN TOWER ASSET SUB, LLC AND AMERICAN TOWER ASSET SUB II, LLC, PLAINTIFFS-RESPONDENTS, v. BUFFALO-LAKE ERIE WIRELESS SYSTEMS, CO., LLC, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents 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 Erie on August 3, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William Aumenta, Esq., dated March 20, 2013, the notice of motion with proof of service thereof, and the affirmation of Thomas J. Gaffney, Esq., dated March 27, 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 June 11, 2013.
Frances E. Cafarell, Clerk