Opinion
DOCKET NO. CA 13-00664
05-03-2013
JOSEPH O'BRIEN, PLAINTIFF-RESPONDENT, v. CITY OF LACKAWANNA, LACKAWANNA PUBLIC LIBRARY, LACKAWANNA BOARD OF TRUSTEES, DEFENDANTS-APPELLANTS, BUFFALO AND ERIE COUNTY LIBRARY AND COUNTY OF ERIE, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Plaintiff 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 January 18, 2013, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Harry J. Forrest, Esq., sworn to April 12, 2013, the notice of motion with proof of service thereof, and the affidavit of Robert M. Lippman, Esq., sworn to April 24, 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 July 2, 2013.
Frances E. Cafarell, Clerk