Opinion
Motion No: CA 12-00504
03-28-2012
DEBRA J. MILLER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF EDWARD M. MILLER, DECEASED, PLAINTIFF-APPELLANT, v. SAVARINO CONSTRUCTION CORPORATION AND 26 MISSISSIPPI STREET LLC, DEFENDANTS-RESPONDENTS.
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 Niagara on December 8, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Tara E. Waterman, Esq., dated March 13, 2012, the notice of motion with proof of service thereof, and the affidavit of Michael J. Skoney, Esq., sworn to March 20, 2012, 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 May 29, 2012.
Frances E. Cafarell, Clerk