Opinion
Motion No: CA 11-01471
09-20-2011
SUSAN v. SIZEMORE, PLAINTIFF-RESPONDENT, v. RICK L. SIZEMORE, DEFENDANT-APPELLANT.
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 April 21, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David B. Smith, Esq., sworn to July 21, 2011, and August 5, 2011, the notice of motion with proof of service thereof, and the affidavit of Rick L. Sizemore sworn to August 1, 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 November 21, 2011.
Patricia L. Morgan, Clerk