Opinion
Motion No: CA 13-01320
08-23-2013
THOMAS MAGGIO AND DIANE MAGGIO, PLAINTIFFS-RESPONDENTS, v. EYE CARE PROFESSIONALS OF WESTERN NEW YORK, LLP, DEFENDANT-RESPONDENT AND 4703 TRANSIT ROAD REALTY, LLC, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant-respondent 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 15, 2013, on the ground that appellant failed to perfect timely the appeal, and
Defendant-appellant having cross-moved for an extension of time to perfect the appeal taken from the order entered April 15, 2013,
Now, upon reading and filing the affirmation of John R. Condren, Esq., dated July 23, 2013, the affidavit of Richard S. Poveromo, Esq., sworn to August 15, 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 the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 22, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk