PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00834

HEATHER BERMINGHAM, PLAINTIFF-RESPONDENT, V THE PETER, SR. & MARY L. LIBERATORE FAMILY LIMITED PARTNERSHIP DOING BUSINESS AS LINCOLN SQUARE APARTMENTS, DEFENDANTS-APPELLANTS. THE PETER, SR. & MARY L. LIBERATORE FAMILY LIMITED PARTNERSHIP DOING BUSINESS AS LINCOLN SQUARE APARTMENTS, THIRD-PARTY PLAINTIFFS-APPELLANTS, V GEARY S. KOPP DOING BUSINESS AS S & K LANDSCAPING, THIRD-PARTY DEFENDANT-RESPONDENT.

Plaintiff-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 December 7, 2010, on the ground that defendants-appellants failed to perfect timely the appeal,

Defendants-appellants having cross-moved for an extension of time to perfect said appeal, for an order requiring plaintiff-respondent to execute a stipulation waiving certification or provide objections to the proposed record, and for other relief,

Now, upon reading and filing the affidavit of Daniel J. Chiacchia, Esq. sworn to April 15, 2011, the affidavit of James J. Nash, Esq. sworn to April 20, 2011, 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 July 26, 2011, and

It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect the appeal is dismissed as unnecessary, and the cross motion is otherwise denied.

Entered: May 27, 2011

Patricia L. Morgan, Clerk