Opinion
DOCKET NO. CA 13-00407
04-01-2013
JOANN ABBO BRADLEY, INDIVIDUALLY AND AS A PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHERY L. HERR, AND MELANIE R. HERR, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF COLETON J. HERR AND HEATHER M. HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-RESPONDENTS, v. CITY OF NIAGARA FALLS, DEFENDANT-APPELLANT, NIAGARA FALLS WATER BOARD, GLENN SPRINGS HOLDINGS, INC. AND CONESTOGA-ROVERS & ASSOCIATES, DEFENDANTS.
PRESENT: , P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, 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 Niagara on September 17, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of William H. Mack, Esq., sworn to March 6, 2013, the notice of motion with proof of service thereof, and the affirmations of Douglas A. Janese, Jr., dated March 7, and March 20, 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 May 31, 2013
Frances E. Cafarell, Clerk