Opinion
Motion No: CA 11-02063
10-31-2011
TODD ARMSTRONG, PLAINTIFF-RESPONDENT, v. TILARO'S BAKERY, INC., SEBASTIAN P. TILARO, ANNA KRISTINA, DEFENDANTS-RESPONDENTS. CHARTIS INSURANCE, APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent Todd Armstrong 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 Cattaraugus on July 19, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank S. Kedzielawa, Esq., sworn to October 11, 2011, the notice of motion with proof of service thereof, the affidavit of Jared L. Garlipp, Esq., sworn to October 14, 2011, and the affirmation of Philip C. Barth, Esq., dated October 20, 2011, 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 December 30, 2011.
Patricia L. Morgan, Clerk