Opinion
Motion No: CA 14-01848
11-07-2014
EMILY GRIFFITHS, PLAINTIFF-APPELLANT, v. NEW YORK STATE ELECTRIC & GAS CORP., ENERGY EAST CORP., IBERDROLA, USA, INC., BRIAN SPOTH, RAYMOND WYANT AND RICHARD CLANCY, AS AIDERS AND ABETTORS, DEFENDANTS-RESPONDENTS.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 17, 2013, and
Respondents having cross-moved to dismiss the appeal from the order entered December 17, 2013, on the ground that appellant failed to perfect timely the appeal, pursuant to 22 NYCRR 1000.12 (b),
Now, upon reading and filing the affirmations of Diane V. Bruns, Esq., dated October 14, 2014, and October 23, 2014, the affidavit of Leslie P. Guy, Esq., sworn to October 22, 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 appellant's motion is granted, and appellant shall perfect the appeal on or before December 15, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondents' cross motion is dismissed.
Entered: November 7, 2014
Frances E. Cafarell, Clerk