Opinion
DOCKET NO. CA 13-01716
10-02-2013
AMY DIFANTE AND THOMAS DIFANTE, PLAINTIFFS, v. UPSTATE ROOFING & PAINTING, INC., DEFENDANT-APPELLANT, HOLMES CONTRACT PAINTING AND MICHAEL E. HOLMES, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 28, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the statement of Richard C. Brister, Esq., dated August 30, 2013, and the affirmation of Richard C. Brister, Esq., dated September 25, 2013, the notice of motion with proof of service thereof, and the affirmation of Timothy P. Welch, Esq., dated September 19, 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