Opinion
DOCKET NO. CA 13-01845
11-01-2013
JAMES W. JONES, PLAINTIFF-APPELLANT, v. COUNTY OF ERIE, AMERICAN SITE DEVELOPERS LLC, MALCOLM PIRNIE, INC., DEFENDANTS-RESPONDENTS, RHONDA HARTLEY CONSTRUCTION AND RAY ENVIRONMENTAL SERVICES, LLC, DEFENDANT.
Respondent American Site Developers LLC 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 July 15, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Destin C. Santacrose, Esq., sworn to October 8, 2013, and October 28, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Frances E. Cafarell, Clerk