Opinion
DOCKET NO. CA 13-00999
06-21-2013
VALERIE HEATTER, PLAINTIFF-RESPONDENT, v. MICHAEL E. DMOWSKI, 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 Erie on March 5, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Sara T. Wallitt, Esq., sworn to May 24, 2013, the notice of motion with proof of service thereof, and the affidavit of Norman E.S. Greene, Esq., sworn to June 12, 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 August 20, 2013.
Frances E. Cafarell, Clerk