Opinion
DOCKET NO. CA 13-00766
11-14-2013
TREMAIN CASON, PLAINTIFF-RESPONDENT, v. KIRBY SY SMITH, III AND WERNER ENTERPRISES, INC., DEFENDANTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on March 22, 2013, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Jeanne M. Vinal, Esq., sworn to October 25, 2013, and November 8, 2013, the notice of motion with proof of service thereof, and the affirmation of Lawrence A. Schulz, Esq., dated November 6, 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 January 13, 2014.
Frances E. Cafarell, Clerk