Opinion
Motion No: CA 11-01901
10-24-2011
ARNOLD J. PIERONI, JR. AND DIANA Y. PIERONI, PLAINTIFFS-APPELLANTS, v. MICHAEL A. GOLD, JOSEPH WILLIAMS, AND NIAGARA THUNDER INTERNATIONAL MOTORCYCLE RALLY, INC., 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 May 26, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of George V. C. Muscato, Esq., sworn to September 19, 2011, the affirmation of Elizabeth A. Kraengel, Esq., dated September 20, 2011, the notices of motion with proof of service thereof, and the affidavit of Christopher J. Belter, Esq., sworn to October 4, 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 23, 2011.
Patricia L. Morgan, Clerk