Opinion
DOCKET NO. CA 16-01442
09-02-2016
IN THE MATTER OF HOWDEN NORTH AMERICA, INC., PETITIONER-RESPONDENT, v. CITY OF BUFFALO, BUFFALO SEWER AUTHORITY, RESPONDENTS, AND THE CHANCE COMPANY OF WNY, LLC, RESPONDENT-APPELLANT.
PRESENT:
Petitioner having moved to dismiss the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on May 31, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joanna J. Chen, Esq., sworn to August 17, 2016, the notice of motion with proof of service thereof, and the affidavit of Audrey Clark, Esq., sworn to August 26, 2016, 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 November 1, 2016.
Entered: September 2, 2016
Frances E. Cafarell, Clerk