Opinion
Motion No: CA 11-01462
08-04-2011
RUSSELL R. RAST AND DEBORAH RAST, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS, v. WACHS ROME DEVELOPMENT, LLC, DEFENDANT-APPELLANT, SCOTT QUICK, DOING BUSINESS AS SCOTT QUICK CONSTRUCTION AND SCOTT QUICK CONSTRUCTION, INC., DEFENDANTS.
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 Wyoming on April 15, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Dennis P. Hamilton, Esq., sworn to July 19, 2011, and July 28, 2011, the notice of motion with proof of service thereof, and the affirmation of Dennis P. Glascott, Esq., sworn to July 26, 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 October 3, 2011.
Patricia L. Morgan, Clerk