Opinion
DOCKET NO. CA 17-00169
05-04-2017
RALFAEL CASTRO, PLAINTIFF-RESPONDENT, v. ADMAR SUPPLY COMPANY, INC., DEFENDANT-APPELLANT.
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 May 26, 2016, on the ground that appellant failed to perfect timely the appeal, and having moved for other relief,
Now, upon reading and filing the affirmation of Joseph R. Bergen, Esq., dated April 13, 2017, the notice of motion with proof of service thereof, and the affidavit of Phillip A. Oswald, Esq., sworn to April 19, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal, and the appeal is dismissed without costs, and
It is further ORDERED that the motion is otherwise dismissed.
Entered: May 4, 2017
Frances E. Cafarell, Clerk