Opinion
DOCKET NO. CA 13-00391
04-12-2013
PETER A. PRIOLA, III, PLAINTIFF-APPELLANT, v. ATTORNEY SHEILA FALLON, MEGAN FALLON, AND FALLON, FALLON & BIGSBY, LLP, 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 Onondaga on October 29, 2012, on the ground that appellant failed to perfect timely the appeal,
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered October 29, 2013,
Now, upon reading and filing the affidavit of Paul G. Ferrara, Esq., sworn to February 28, 2013, the affidavit of Peter A. Priola, III, sworn to March 26, 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 insofar as it seeks to dismiss the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before June 11, 2013,
It is further ORDERED that the cross motion insofar as it seeks an extension is dismissed.
Frances E. Cafarell, Clerk