Opinion
Motion No: CA 11-02061
10-31-2011
JESSE LUCAS, JR., PLAINTIFF-APPELLANT, v. DR. ALAN WEINER, D.D.S., DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 1, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David M. Stillwell, Esq., sworn to October 11, 2011, and the notice of motion with proof of service thereof, and the affirmation of Louis Rosado, Esq., dated October 21, 2011, 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.
Patricia L. Morgan, Clerk