Opinion
Motion No: CA 11-01837
09-26-2011
WILLIAM PATRICK AND SUSAN PATRICK, PLAINTIFFS-RESPONDENTS, v. GARRETT FOE DOING BUSINESS AS FONAGO BUILDING COMPANY, DEFENDANT-APPELLANT.
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 Ontario on June 10, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jared P. Hirt, Esq., dated September 8, 2011, the notice of motion with proof of service thereof, and the affirmation of David Lee Foster, Esq., dated September 14, 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 November 25, 2011.
Patricia L. Morgan, Clerk