Opinion
Motion No: CA 11-01467
08-23-2011
SUSAN BAGNATO AND MICHAEL J. BAGNATO, PLAINTIFFS-APPELLANTS, v. THE HOME DEPOT, INC., THE HOME DEPOT, USA, INC., AND FOAMEX INTERNATIONAL, INC., DEFENDANTS-RESPONDENTS.
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 April 13, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Heather K. Zimmerman, Esq., dated July 12, 2011, the affidavit of John P. Freedenberg, Esq., sworn to July 14, 2011, and the notices of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Patricia L. Morgan, Clerk