Opinion
DOCKET NO. CA 13-01413
09-17-2013
KAREN MCGRATH AND STEVEN K. FOLEY, PLAINTIFFS-RESPONDENTS, v. TOWN OF IRONDEQUOIT, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Monroe on April 8, 2013, 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 from the order entered April 8, 2013,
Now, upon reading and filing the affirmation of John P. Lomenzo, Jr., Esq., dated August 12, 2013, the affidavit of Gerard E. O'Connor, Esq., sworn to August 21, 2013, 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 the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 18, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk