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

DOCKET NO. CA 13-01245

WILLIAM J. GILBERTI, JR., PLAINTIFF-RESPONDENT, V TOWN OF SPAFFORD, DEFENDANT-APPELLANT. TOWN OF SPAFFORD, THIRD-PARTY PLAINTIFF-APPELLANT, V CLIFFORD R. WHITE DOING BUSINESS AS GROUND EFFECTS, THIRD-PARTY- DEFENDANT, SPECTRA ENVIRONMENTAL GROUP, INC., THIRD-PARTY DEFENDANT-RESPONDENT AND LANCASTER DEVELOPMENT, INC., THIRD-PARTY DEFENDANT. TOWN OF SPAFFORD, THIRD-PARTY PLAINTIFF-APPELLANT, V HOLMES, KING, KALLQUIST & ASSOCIATE, LLP AND ENVIRONMENTAL DESIGN & RESEARCH, LANDSCAPE ARCHITECTURE AND ENGINEERING, PC, THIRD-PARTY DEFENDANTS.

Respondent William J. Gilberti, Jr., having moved and respondent Spectra Environmental Group, Inc. having cross-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 Onondaga on December 21, 2013, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Gary T. Kelder, Esq., dated July 11, 2013, the affidavit of Michael P. Ringwood, Esq., sworn to July 8, 2013, the notices of motion and cross motion with proof of service thereof, the affirmation of Gregory A. Cascino, Esq., dated July 10, 2013, and the affidavit of Patrick D. Slade, Esq., sworn to July 16, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 23, 2013.

Entered: July 23, 2013

Frances E. Cafarell, Clerk