Opinion
Motion No: CA 12-00358
03-09-2012
PIA THOMAS, PLAINTIFF-APPELLANT, v. DUNKIRK RESORT PROPERTIES, LLC, RELIANCE MGT. CORP., W.D. ASSOCIATES, L.P., DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent Dunkirk Resort Properties 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 November 29, 2011, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmations of Kathleen J. Martin, Esq., dated February 15, 2012, February 17, 2012, and February 28, 2012, the affidavit of Nathan C. Doctor, Esq., sworn to February 27, 2012, and the notices of motion and cross motion with proof of service thereof, 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 April 23, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk