Opinion
DOCKET NO. CA 13-00587
04-17-2013
JOHN F. MIKULSKI, PLAINTIFF-RESPONDENT, v. RUSSELL M. BATTAGLIA, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 30, 2012,
Now, upon reading and filing the affidavits of Diane Ciurczak, Esq., sworn to March 27, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before May 28, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Frances E. Cafarell, Clerk