Opinion
Motion No: CA 11-02005
10-31-2011
DONOVAN HUMPHREY, PLAINTIFF-APPELLANT, v. EDWARD CAMPANY, MARTIN WALKER, MARTIN ENGLISH, BEN PENNETTA, AND THOMAS PSCHIERER, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondent Ben Pennetta 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 Monroe on May 31, 2011, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered May 31, 2011,
Now, upon reading and filing the affidavit of Stanley J. Sliwa, Esq., sworn to September 28, 2011, the affirmation of Mo Athari, Esq., dated October 12, 2011, 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 the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before December 30, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Patricia L. Morgan, Clerk