Opinion
Motion No: CA 11-01920
10-31-2011
ROGERS NWABUE, PLAINTIFF-APPELLANT, v. KENNETH PIERI AND PEACE BRIDGE APARTMENTS, LP, 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 Erie on July 5, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joshua E. Dubs, Esq., sworn to September 19, 2011, the statement of Joshua E. Dubs, Esq., received October 13, 2011, the notice of motion with proof of service thereof, and the statement of Rogers Nwabue dated October 1, 2011, 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 December 30, 2011.
Patricia L. Morgan, Clerk