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

DOCKET NO. CA 14-00736

ANGELA SIMS, PLAINTIFF-RESPONDENT, V KUSHNOOD HAQ, DEFENDANT-APPELLANT.

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 January 15, 2014, on the ground that appellant failed to perfect timely the appeal, and

Appellant having cross-moved pursuant to CPLR 5520 (a) for an extension of time to file a notice of appeal and for an extension of time to perfect the appeal taken from the order entered January 15, 2014,

Now, upon reading and filing the affirmation of Katherine V. Markel, Esq., dated April 21, 2014, the affirmation of Brent C. Seymour, Esq., dated April 29, 2014, 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 insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal, and the appeal is dismissed without further order unless the appeal is perfected on or before July 7, 2014, and

It is further ORDERED that the cross motion insofar as it seeks an extension of time to file a notice of appeal is granted on the condition that appellant properly files the notice of appeal on or before June 9, 2014, and

It is further ORDERED that the cross motion is otherwise dismissed as unnecessary.

Entered: May 8, 2014

Frances E. Cafarell, Clerk