Opinion
Motion No: CA 14-01792
11-07-2014
JASON P. SADOWSKI AND KRISTINA SADOWSKI, PLAINTIFFS, v. FORBES HOMES, INC., FORBES HOMES, INC. DOING BUSINESS AS FORBES-CAPRETTO HOMES, DEFENDANTS. FORBES HOMES, INC., FORBES HOMES, INC. DOING BUSINESS AS FORBES-CAPRETTO HOMES, THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. WETZEL DEVELOPMENT, LLC, THIRD-PARTY DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 18, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael T. Glascott, Esq., dated September 19, 2014, the notice of motion with proof of service thereof, and the affidavit of Maurice L. Sykes, Esq., sworn to October 2, 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 January 6, 2015.
Entered: November 7, 2014
Frances E. Cafarell, Clerk