Opinion
DOCKET NO. CA 13-00042
03-05-2013
KATHLEEN A. SARGENT, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ERIC J. ENGASSER, DECEASED, PLAINTIFF-APPELLANT, v. DONALD MAMMOSER, 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 August 30, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Keith N. Bond, Esq., sworn to January 7, 2013, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated February 8, 2013, 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 6, 2013.
Frances E. Cafarell, Clerk