Opinion
DOCKET NO. CA 13-01042
06-18-2013
DANA DARLING, INDIVIDUALLY AND ON BEHALF OF THE MEMBERS OF BOSTON VALLEY COMMONS LLC, OWNER OF FIFTY PERCENT (50%) INTEREST IN BOSTON VALLEY COMMONS LLC, PLAINTIFF-APPELLANT, v. BOSTON VALLEY COMMONS LLC, RAY T. WEBBER, INDIVIDUALLY AND AS GENERAL MANAGER OF BOSTON VALLEY COMMONS LLC, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 21, 2012,
Now, upon reading and filing the affidavit of Sean W. Hopkins, Esq., sworn to May 31, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Frances E. Cafarell, Clerk