Opinion
DOCKET NO. CA 13-00858
06-18-2013
THOMAS ROCHE, PLAINTIFF-APPELLANT, v. J. THOMAS SPIER, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Niagara on February 13, 2013, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having separately moved to extend the time to perfect the appeal taken herein from the order entered February 13, 2013,
Now, upon reading and filing the affidavits of Robert E. Scott, Esq., sworn to May 14, 2013, and May 31, 2013, the affirmation of Teresa A. Bailey, Esq., dated May 17, 2013, the notices of motion with proof of service thereof, and the affirmation of Carly Wilsman Speyer, Esq., dated May 29, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the respondent's 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 August 19, 2013, and
It is further ORDERED that the appellant's motion insofar as it seeks an extension of time to perfect the appeal is dismissed as unnecessary.
Frances E. Cafarell, Clerk