Opinion
DOCKET NO. CA 16-00840
05-31-2016
JOSEPH M. BRAINARD, PLAINTIFF-APPELLANT, v. CINDY BARDEN, JOHN BARDEN, DOUBLE DOWN TRANSPORT NY INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.
PRESENT:
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 7, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of William F. Savino, Esq., dated May 17, 2016, the affidavit of Anthony J. Cervi, Esq., sworn to May 26, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before August 1, 2016, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: May 31, 2016
Frances E. Cafarell, Clerk