Opinion
DOCKET NO. CA 13-00586
04-18-2013
THOMAS J. TRALA, PLAINTIFF, v. SHIRLEY MONNIN, DEFENDANT. TOM TRALA, PLAINTIFF-APPELLANT, v. DELTA SONIC CARWASH SYSTEMS, INC., DELTA SONIC SALES & SERVICE, INC., DELTA SONIC CAR WASH CORPORATION, DEFENDANTS-RESPONDENTS, AND BENDERSON DEVELOPMENT COMPANY, LLC., DEFENDANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Erie on September 19, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas E. Liptak, Esq., sworn to March 27, 2013, the notice of motion with proof of service thereof, and the affidavit of Courtney G. Scime, Esq., sworn to April 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 June 17, 2013.
Frances E. Cafarell, Clerk