Opinion
Motion No: CA 14-00222
03-04-2014
JASON RUPP, PLAINTIFF-APPELLANT, v. JEREMY BURGER, 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 Erie on October 4, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Allison M. Bozinski, Esq., dated February 3, 2014, the notice of motion with proof of service thereof, and the affirmation of Shari Jo Reich, Esq., received February 7, 2014, 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 May 5, 2014.
Frances E. Cafarell, Clerk