Opinion
DOCKET NO. CA 13-01000
06-21-2013
DOLORES M. MORGAN, PLAINTIFF-APPELLANT, v. ALLPRO PARKING, LLC AND BNMC PARKING, LLC, DEFENDANTS-RESPONDENTS.
Respondent Allpro Parking, LLC 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 February 28, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Leo T. Fabrizi, Esq., dated May 28, 2013, the notice of motion with proof of service thereof, and the stipulation for withdrawal of appeal, signed by Charles, H. Cobb, Esq., Leo T. Fabrizi, Esq., and Joanna M. Healy, Esq., dated June 7, 2013,
It is hereby ORDERED that the motion is dismissed as moot.
Frances E. Cafarell, Clerk