PRESENT: MARTOCHE, J. P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.

DOCKET NO. CA 10-01581

KEVIN T. STOCKER, PLAINTIFF-RESPONDENT, V 2900 TRANSIT ROAD LLC, DEFENDANT-APPELLANT.

Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 10, 2010, on the grounds that the attorney representing appellant is without authority to represent appellant in this matter and that appellant has failed to perfect timely its appeal,

Now, upon reading and filing the affidavit of Kevin T. Stocker, Esq. sworn to July 16, 2010, the notice of motion with proof of service thereof, the affidavit of John C. Garas, Esq. sworn to July 28, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks dismissal on the ground that John Garas, Esq. is not authorized to prosecute this appeal on behalf of appellant is denied, and

It is further ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to timely perfect is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 12, 2010.

Memorandum: If respondent believes that John Garas, Esq. is without authority to prosecute this appeal on behalf of appellant, his remedy is to secure an order from the Supreme Court and appeal that order.

Entered: August 23, 2010

Patricia L. Morgan, Clerk