Opinion
DOCKET NO. CA 16-01126
07-18-2016
RICHARD COOPER AND DEBRA BECKS COOPER, PLAINTIFFS-RESPONDENTS, v. BENAKA, INC., DEFENDANT-APPELLANT.
PRESENT:
Respondents 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 Monroe on March 24, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Donald A. White, Esq., dated June 29, 2016, the notices of motion and cross motion with proof of service thereof, and the affirmation of L. Damien Costanza, Esq., dated July 11, 2016, 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 September 16, 2016, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 18, 2016
Frances E. Cafarell, Clerk