Opinion
DOCKET NO. CA 17-01248
07-31-2017
JONATHAN R. GUSTKE, PLAINTIFF-APPELLANT, v. JONATHAN T. NICKERSON, BRIAN H. FOLEY, MARY BETH LIPOME, AND MARY A. HOURT, DEFENDANTS-RESPONDENTS.
PRESENT:
Respondents Brian H. Foley and Jonathan T. Nickerson 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 Erie on April 11, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Kevin J. Graff, Esq., dated July 5, 2017, the affirmation of Jill Z. Florkowski, Esq., dated July 12, 2017, the notice of motion with proof of service thereof, and the affirmation of Jennifer A. Beckage, Esq., dated July 20, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed as to moving respondents without further order unless the appeal is perfected on or before September 15, 2017.
Entered: July 31, 2017
Frances E. Cafarell, Clerk