Opinion
DOCKET NO. CA 17-00228
02-14-2017
RONALD L. WALCZAK, PLAINTIFF-APPELLANT, v. DANIEL E. WALCZAK, DEFENDANT-RESPONDENT.
PRESENT:
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 24, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Bradley D. Marble, Esq., sworn to January 27, 2017, the notice of motion with proof of service thereof, and the affidavit of David S. Whittemore, Esq., sworn to February 3, 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 17, 2017.
Entered: February 14, 2017
Frances E. Cafarell, Clerk