Opinion
DOCKET NO. CA 16-02205
12-19-2016
DANIELLE KELLER, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LEXIS KELLER, PLAINTIFF-APPELLANT, v. ROBERT KELLER AND PATRICIA KELLER, DEFENDANTS-RESPONDENTS.
PRESENT:
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 Niagara on July 27, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Derek J. Roller, Esq., sworn to December 2, 2016, the affidavit of Michael B. Dixon, Esq., sworn to December 9, 2016, 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 respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before February 17, 2017, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: December 19, 2016
Frances E. Cafarell, Clerk