Opinion
DOCKET NO. CA 13-02145
01-02-2014
ANTHONY PAONE, JR., PLAINTIFF-APPELLANT, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent 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 Niagara on July 17, 2013, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered July 17, 2013,
Now, upon reading and filing the affirmation of Scott D. Mancuso, Esq., dated December 5, 2013, the affirmation of Timothy R. Mandronico, Esq., dated December 19, 2013, and the notices of motion and cross motion with proof of service thereof, 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 March 3, 2014, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk