Opinion
DOCKET NO. CA 17-01633
10-17-2017
KEVIN KNETSCH, PLAINTIFF-RESPONDENT, v. DEL MONTE CORPORATION, ET AL., DEFENDANTS, BIG HEART PET BRANDS, INC., DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved for curative relief pursuant to CPLR 5520 (c) to correct certain inaccuracies in the notice of appeal and for an extension of time to perfect the appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 4, 2017, and respondent having cross-moved to dismiss the appeal on the ground that this Court lacks jurisdiction to hear the appeals,
Now, upon reading and filing the affirmation of Florina Altshiler, Esq., dated September 8, 2017, the affirmation of Edward L. Smith, III, Esq., dated September 14, 2017, 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 appellant's motion insofar as it seeks curative relief pursuant to CPLR 5520 (c) is granted, and the appeal served on January 12, 2017, is deemed to be a valid appeal, and
It is further ORDERED that appellant's motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before December 18, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondent's cross motion to dismiss is denied.
Entered: October 17, 2017
Mark W. Bennett, Clerk