Opinion
DOCKET NO. CA 17-00725
05-01-2017
STEPHEN T. DIVITO, PLAINTIFF-APPELLANT, v. EDWARD L. FIANDACH, DEFENDANT-RESPONDENT.
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 Monroe on December 2, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to April 12, 2017, the notice of motion with proof of service thereof, and the affidavit of Stephen T. Divito sworn to April 14, 2017, 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 June 30, 2017.
Entered: May 1, 2017
Frances E. Cafarell, Clerk