Opinion
Motion No: CA 14-01497
10-31-2014
JOHN H. BAUSENWEIN, III, PLAINTIFF-APPELLANT-RESPONDENT, v. TIMOTHY ALLISON, DEFENDANT-RESPONDENT, THOMAS J. WELSH, INDIVIDUALLY AND DOING BUSINESS AS TJW CUSTOM HOMES, INC., TJW CUSTOM HOMES, INC., AND 299 MAIN STREET EA, INC., INDIVIDUALLY AND DOING BUSINESS AS TJW CUSTOM HOMES, DEFENDANTS-RESPONDENTS-APPELLANTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendants-respondents-appellants having moved to vacate the dismissal of their appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 7, 2013, and for other relief, and
Plaintiff having cross-moved for an extension of time to file and serve a brief in response to defendants-respondents-appellants' brief,
Now, upon reading and filing the affirmation of Robert M. Shaddock, Esq., dated September 24, 2014, the affidavit of Robert M. Shaddock, Esq., sworn to October 8, 2014, the affirmation of Allison M. Bozinski, Esq., dated September 29, 2014, the notices of motion and cross motion with proof of service thereof, and the affidavit of Steven P. Curvin, Esq., sworn to September 30, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that defendants-respondents-appellants' motion is granted, and defendants-respondents-appellants' appeal is deemed timely perfected, and
It is further ORDERED that plaintiff's cross motion is granted, on the condition that plaintiff files and serves his reply brief on or before December 22, 2014, and the Clerk is directed to accept the brief for filing.
Entered: October 31, 2014
Frances E. Cafarell, Clerk