Opinion
DOCKET NO. CA 13-00119
03-05-2013
THOMAS P. BURKE, PLAINTIFF-RESPONDENT, v. COUNTY OF ERIE, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on October 12, 2012, and
Respondent having cross-moved to dismiss the appeal from the order entered October 12, 2012, on the ground appellant did not make an application for permission to appeal,
Now, upon reading and filing the affirmations of Ryan J. Lucinski, Esq., dated January 31, 2013, and February 8, 2013, the affirmation of Marc C. Panepinto, Esq., dated February 4, 2013, 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 the appellant's motion insofar as it seeks to expedite the appeal is denied, and
It is further ORDERED that respondent's cross motion is denied and the notice of appeal from the order entered October 12, 2012, is hereby treated as an application for permission to appeal and permission to appeal the order entered October 12, 2012, is granted on the condition that the appeal is perfected on or before April 4, 2013.
Frances E. Cafarell, Clerk