Opinion
Motion No: CA 13-01375
08-23-2013
VITAL CRANE SERVICES, INC., PLAINTIFF-APPELLANT, v. JAMES MICUCCI AND POLLOCK RESEARCH & DESIGN, INC., DOING BUSINESS AS SIMMERS CRANE & DESIGN SERVICES, CO., DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents 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 Niagara on April 16, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Benjamin R. Dwyer, Esq., sworn to August 2, 2013, the notice of motion with proof of service thereof, and the affirmation of Ryan A. Lema, Esq., dated August 7, 2013, 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.
Frances E. Cafarell, Clerk