Opinion
DOCKET NO. CA 14-00072
01-28-2014
LOREN H. WILMOT, PLAINTIFF-APPELLANT, v. NEW YORK, SUSQUEHANNA & WESTERN RAILWAY, MOHAWK ADIRONDACK & NORTHERN, AND GENESEE VALLEY TRANSPORTATION, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents Mohawk Adirondack & Northern and Genesee Valley Transporation 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 Oneida on September 10, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Scott A. Barbour, Esq., dated January 7, 2014, and January 10, 2014, the notice of motion with proof of service thereof, and the affidavit of James W. Moseman, Esq., sworn to January 13, 2014, 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 March 31, 2014.
Frances E. Cafarell, Clerk