Opinion
Motion No: CA 12-00513
03-28-2012
MARK HESS AND GAIL HESS, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIAN OF MARILYN HESS, PLAINTIFFS-APPELLANTS, v. GARY NELSON AND LYNN NELSON, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents 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 December 16, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Tara E. Waterman, Esq., dated March 13, 2012, the notice of motion with proof of service thereof, and the affirmation of Shawn W. Carey, Esq., dated March 21, 2012, 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 May 29, 2012.
Frances E. Cafarell, Clerk