Opinion
DOCKET NO. CA 14-00772
05-09-2014
JUDITH MCALLISTER-LEWIS, INDIVIDUALLY AND AS SPECIAL ADMINISTRATOR OF THE ESTATE OF ROBERT L. LEWIS, DECEASED, PLAINTIFF-APPELLANT, v. GOODYEAR DUNLOP TIRES NORTH AMERICA, LTD., AN OHIO LIMITED LIABILITY COMPANY, THE GOODYEAR TIRE & RUBBER COMPANY, AN OHIO CORPORATION, HARLEY-DAVIDSON, INC., A WISCONSIN CORPORATION, HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC, A WISCONSIN CORPORATION, AND HARLEY-DAVIDSON MOTOR COMPANY, INC., A WISCONSIN CORPORATION, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents Goodyear Dunlop Tires North America, LTD, an Ohio Limited Liability Company, and The Goodyear Tire & Rubber Company, LLC, an Ohio Corporation, 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 January 23, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas S. Lane, Esq., dated April 25, 2014, the notice of motion with proof of service thereof, the affidavit of Keith N. Bond, Esq., sworn to May 1, 2014, and the affirmation of Greta K. Kolcon, Esq., dated May 2, 2014, 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 July 8, 2014.
Frances E. Cafarell, Clerk