Opinion
DOCKET NO. CA 13-00395
04-09-2013
SANDIE YOUNG, PLAINTIFF, v. LENNOX HEARTH PRODUCTS, INC., DEFENDANT-APPELLANT, LENNOX INDUSTRIES, INC., DEFENDANT, DRY CREEK PRODUCTS, INC., DEFENDANT-RESPONDENT, AEROPOSTALE, INC., DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent Dry Creek Products, Inc. having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 18, 2012, on the ground that appellants have failed to perfect timely the appeal, and
Appellants having separately cross-moved to extend the time to perfect their appeals from the order entered September 18, 2013,
Now, upon reading and filing the affidavits of Michael F. Perley, Esq., sworn to February 15, 2013, March 1, 2013, March 13, 2013, and March 14, 2013, the affirmation of Joseph G. Goergen, Esq., dated March 8, 2013, and the affirmations of Kathleen J. Martin, Esq., dated March 13, 2013, and March 20, 2013, the notices of motions and cross motions with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the appeals are dismissed without further order unless the appeals are perfected on or before June 10, 2013, and
It is further ORDERED that the cross motions are dismissed as unnecessary.
Frances E. Cafarell, Clerk