Opinion
Motion No: CA 14-01668
10-31-2014
STEPHEN DIVITO, PLAINTIFF-APPELLANT, v. ZASTAWRNY LLC, DEFENDANT-RESPONDENT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 June 16, 2014, 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 from the order entered June 16, 2014,
Now, upon reading and filing the affidavit of Victoria S. Gleason, Esq., sworn to September 17, 2014, the affidavit of David D. Benz, Esq., sworn to October 3, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 30, 2014, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: October 31, 2014
Frances E. Cafarell, Clerk