Opinion
DOCKET NO. CA 13-00808 Index No. 2010-12468
05-23-2013
ACEA MOSEY, AS ADMINISTRATOR OF THE ESTATE OF LAURA CUMMINGS, DECEASED, PLAINTIFF-APPELLANT, v. COUNTY OF ERIE, DEFENDANT-RESPONDENT.
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 July 10, 2012, and having moved to consolidate the appeal from the order entered July 10, 2013, with an appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 10, 2013 (docket No. CA 13-00809),
Now, upon reading and filing the affidavit of John T. Loss, Esq., sworn to May 3, 2013, the notice of motion with proof of service thereof, and the affirmation of Jeremy C. Toth, Esq., dated May 9, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted and appellant shall perfect the appeal on or before July 8, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals from the orders entered July 10, 2013, is denied.
Frances E. Cafarell, Clerk