Opinion
DOCKET NO. CA 16-00324
03-15-2016
ERIE INSURANCE EXCHANGE, PLAINTIFF-APPELLANT, v. J.M. PEREIRA & SONS, INC., RPC, INC. ALSO KNOWN AS RUBBER POLYMER CORPORATION, DEFENDANTS-RESPONDENTS, RICARDO VEGA AND ROBERT MARCHESE, AS THE ADMINISTRATOR OF THE ESTATES OF ANTONIO TAPIA, DECEASED, AND GILBERTO VEGA-SANCHEZ, DECEASED, DEFENDANTS.
PRESENT:
Respondent RPC, Inc., also known as Rubber Polymer Corporation, 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 November 12, 2015, 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,
Now, upon reading and filing the affirmations of Matthew J. Schenker, Esq., dated February 24, 2016, and March 10, 2016, the affidavit of Jennifer A. Ehman, Esq., sworn to March 8, 2016, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to timely perfect is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 16, 2016, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: March 15, 2016
Frances E. Cafarell, Clerk