Opinion
DOCKET NO. CA 13-02144
01-02-2014
BRIAN J. PHILLIPS, INDIVIDUALLY AND BRIAN J. PHILLIPS, AS EXECUTOR OF THE ESTATE OF WILLIAM G. PHILLIPS, DECEASED, PLAINTIFF-RESPONDENT, v. BROCK, SCHECHTER & POLAKOFF, LLP, LAWRENCE LEVIN, C.P.A., AND FRANK A. KACZMARCZYK, C.P.A., DEFENDANTS-APPELLANTS. BROCK, SCHECHTER & POLAKOFF, LLP, LAWRENCE LEVIN, C.P.A., AND FRANK A. KACZMARCZYK, C.P.A., THIRD-PARTY PLAINTIFFS-APPELLANTS, v. LAW OFFICES OF EUGENE C. TENNEY, THIRD-PARTY DEFENDANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Plaintiff-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 Erie on September 13, 2013, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Herschel Gelber, Esq., sworn to December 6, 2013, the notice of motion with proof of service thereof, and the affirmation of Brian R. Biggie, Esq., dated December 16, 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 March 3, 2014.
Frances E. Cafarell, Clerk