Opinion
Motion No: CA 11-01459
08-04-2011
GARY A. BENNETT, PLAINTIFF-APPELLANT, v. PRESBYTERIAN SENIOR CARE OF WESTERN NEW YORK, INC., AND LP CIMINELLI, INC., DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendants having moved to dismiss plaintiff's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 7, 2011, on the ground that plaintiff has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Vincent G. Saccomando, Esq., sworn to July 15, 2011, and July 21, 2011, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to July 26, 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 October 3, 2011.
Patricia L. Morgan, Clerk