Opinion
DOCKET NO. CA 13-01918
11-08-2013
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents 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 Onondaga on July 16, 2013, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order and judgment entered July 16, 2013,
Now, upon reading and filing the affirmations of Eugene W. Lane, Esq., dated October 18, 2013, and November 1, 2013, the affirmation of Andrew J. Kowalewski, Esq., dated October 28, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 7, 2014, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk