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

DOCKET NO. CA 11-01571

ANNE R. EDEL, PLAINTIFF-APPELLANT, V ROME TOWER APARTMENTS, LONGLEY JONES MANAGEMENT CORPORATION, AND SCHINDLER ELEVATOR CORPORATION, DEFENDANTS-RESPONDENTS.

Respondent Schindler Elevator Corporation 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 Oneida on April 13, 2011, on the ground that appellant has failed to perfect timely the appeal, and Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, attorneys for appellant, having cross-moved for an order relieving the law firm of Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, as attorneys for appellant, and for an extension of time for appellant to perfect the appeal,

Now, upon reading and filing the affirmations of Thomas D. Keleher, Esq., dated July 22, 2011, and July 26, 2011, the affidavit of Stephanie A. Palmer, Esq., sworn to August 1, 2011, 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 insofar as it seeks to dismiss the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 17, 2011, and

It is further ORDERED that the cross motion insofar as it seeks an order relieving the law firm of Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, as attorneys for appellant is granted, and the cross motion is otherwise dismissed as unnecessary.

Entered: August 16, 2011

Patricia L. Morgan, Clerk