Opinion
DOCKET NO. CA 13-00353
03-12-2013
NORTH SYRACUSE CENTRAL SCHOOL DISTRICT, PLAINTIFF-APPELLANT, v. ASHLEY MCGRAW ARCHITECTS, P.C., NEP GLASS CO., LTD., ROSS WILSON & ASSOCIATES, INC., EFCO, INC., HARLEYSVILLE WORCESTER INSURANCE COMPANY, DEFENDANTS. NEP GLASS CO., LTD., THIRD-PARTY PLAINTIFF, v. MARC DONAHUE, INDIVIDUALLY AND MJD ASSOCIATES OF C.N.Y. INC., THIRD-PARTY 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 Onondaga on October 10, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of P. David Twichell, Esq., sworn to February 21, 2012, the notice of motion with proof of service thereof, and the affidavit of Harris Lindenfeld, Esq., sworn to February 22, 2013, 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 13, 2013.
Frances E. Cafarell, Clerk