Opinion
DOCKET NO. CA 17-01680
10-11-2017
DAVID C. BUCHWALD, PLAINTIFF-APPELLANT, v. 1307 PORTERVILLE ROAD, LLC, DEFENDANT-RESPONDENT.
PRESENT:
Respondent 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 27, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James J. Navagh, Esq., dated September 20, 2017, the notice of motion with proof of service thereof, and the affirmation of Harry J. Forrest, Esq., dated September 27, 2017, 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 December 11, 2017.
Entered: October 11, 2017
Mark W. Bennett, Clerk