Opinion
DOCKET NO. CA 13-01157
07-16-2013
CARL TROST AND JENNIFER TROST, PLAINTIFFS-RESPONDENTS, v. ROCKINGHAM ESTATE LLC AND FORBES HOMES, INC., DEFENDANTS-APPELLANTS.
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 April 17, 2013, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Helen Kaney Dempsey, Esq., sworn to June 28, 2013, the notice of motion with proof of service thereof, and the affidavit of Kathleen T. Feroleto, Esq., sworn to July 2, 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 September 16, 2013.
Frances E. Cafarell, Clerk