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

DOCKET NO. CA 12-01174

DAVID BABIACK, PLAINTIFF-RESPONDENT, V ONTARIO EXTERIORS, INC. AND THE CRESCENT ON EAST AVENUE, INC., DEFENDANTS-APPELLANTS. ONTARIO EXTERIORS, INC., THIRD-PARTY PLAINTIFF-APPELLANT, V WILLIAMSTOWN CONSTRUCTION COMPANY, INC., DOING BUSINESS AS SUPERIOR CONSTRUCTION CO., INC. AND/OR DOING BUSINESS AS SUPERIOR INSULATION, THIRD-PARTY DEFENDANT-APPELLANT, AND THE CRESCENT ON EAST AVENUE, INC., THIRD-PARTY DEFENDANT.

Respondent having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 27, 2012, on the ground that appellants have failed to perfect timely the appeals, and

Appellants The Crescent on East Avenue, Inc. and Williamstown Construction Company, Inc. doing business as Superior Construction Co., Inc. and/or doing business as Superior Insulation having separately cross-moved for an extension of time to perfect their appeals,

Now, upon reading and filing the affidavits of Emily L. Downing, Esq., sworn to June 18, 2012, and June 21, 2012, the affirmation of Kevin E. Loftus, Esq., dated June 25, 2012, the affidavit of Shannon M. Heneghan, Esq., sworn to June 27, 2012, the notices of motion and cross motions with proof of service thereof, and the affidavit of Troy S. Flascher, Esq., sworn to June 22, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before September 11, 2012, and

It is further ORDERED that the cross motions are dismissed as unnecessary.

Entered: July 13, 2012

Frances E. Cafarell, Clerk