Opinion
Motion No: CA 12-00220
02-27-2012
ACEA M. MOSEY, AS ADMINISTRATRIX OF THE ESTATE OF OLIVE REIMANN, DECEASED, PLAINTIFF-APPELLANT, v. PARIS CHILDS, DEFENDANT, AND BANK OF AKRON, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent 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 September 7, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Richard F. Gioia, Esq., sworn to January 20, 2012, the notice of motion with proof of service thereof, and the statement of K. Michael Sawicki, Esq., dated February 2, 2012, the statement of Richard F. Gioia, Esq., dated February 6, 2012, and the stipulation of discontinuance of appeal dated January 27, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot.
Frances E. Cafarell, Clerk