Opinion
NO. CA 13-00387 CA 13-00388
07-17-2013
SUSAN GATELY, PLAINTIFF-RESPONDENT, v. JAMES GATELY, DEFENDANT-APPELLANT. THOMAS A. PALMER, RECEIVER, RESPONDENT.
PRESENT: , J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 3, 2012, and May 3, 2012, and
Respondents having separately cross-moved to dismiss the appeals on the ground that they are moot,
Now, upon reading and filing the affidavits of John A. Cirando, Esq., sworn to June 27, 2013, and July 12, 2013, the affidavit of Patrick C. O'Reilly, Esq., sworn to July 8, 2013, the affidavit of Michael J. Willett, Esq. sworn to July 9, 2013, 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 the motion insofar as it seeks an extension of time to perfect the appeals is granted to the extent that the ordering paragraph of the order of this Court entered May 28, 2013, is hereby amended by deleting the date June 28, 2013, and inserting in its place the date September 27, 2013, and
It is further ORDERED that the cross motions are denied without prejudice to respondents raising the same arguments for dismissal in their briefs.
Memorandum: No further extensions of time to perfect the appeals will be granted.
Frances E. Cafarell, Clerk