Opinion
DOCKET NO. CA 17-00036
01-31-2017
MICHAEL J. TOOMEY, PLAINTIFF-APPELLANT, v. WEGMANS ENTERPRISES, INC., WEGMANS FOOD MARKETS, INC., AND WEGMANS GENERAL CONSTRUCTION, DEFENDANTS-RESPONDENTS.
PRESENT:
Respondents 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 Monroe on September 13, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Valerie L. Barbic, Esq., sworn to December 29, 2016, the notice of motion with proof of service thereof, and the affirmation of Michael Steinberg, Esq., dated January 27, 2017, 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 3, 2017.
Entered: January 31, 2017
Frances E. Cafarell, Clerk