Opinion
DOCKET NO. CA 13-01923
11-18-2013
PETER NICELY, PLAINTIFF-APPELLANT, v. DAVE RULLI AND CHRISTINE RULLI, 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 Niagara County Court entered in the Office of the Clerk of the County of Niagara on September 13, 2012, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Andrew J. Kowalewski, Esq., dated October 21, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12 [b]).
Frances E. Cafarell, Clerk