Opinion
DOCKET NO. CA 13-01699
10-02-2013
CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, PLAINTIFF-APPELLANT, v. MATTHEW PALMER ALSO KNOWN AS MATTHEW J. PALMER, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.
PRESENT: , P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
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 Ontario on April 10, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David J. Whitcomb, Esq., sworn to September 5, 2013, the notice of motion with proof of service thereof, and the affirmation of Jessica M. Patrick, Esq., received September 17, 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 December 2, 2013.
Frances E. Cafarell, Clerk