Opinion
DOCKET NO. CA 13-01265
07-31-2013
DONNA SIDOTI DOING BUSINESS AS DM FINANCIAL SERVICES, PLAINTIFF-RESPONDENT, v. SUNBURST ASSOCIATES, INC., DEFENDANT, FRED BABBINO, DEFENDANT-APPELLANT.
PRESENT: , P. J., 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 Wayne on September 21, 2012, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey A. Vaisey, Esq., sworn to July 12, 2013, the notice of motion with proof of service thereof, the affidavit of Dennis F. Irwin, Esq., sworn to July 24, 2013, and the affidavit of Fred Babbino sworn to July 23, 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 September 30, 2013.
Frances E. Cafarell, Clerk