PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

DOCKET NO. CA 14-00985

ANNA HENRY, PLAINTIFF-APPELLANT, V KATHLEEN A. PERRY AND DAVID R. PERRY, DEFENDANTS-RESPONDENTS.

Respondents 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 28, 2014, on the ground that the notice of appeal is defective or, in the alternative, on the ground that appellant failed to perfect timely the appeal, and

Appellant having cross-moved for permission to amend the notice of appeal taken from said order,

Now, upon reading and filing the affidavit of Maurice L. Sykes, Esq., sworn to June 5, 2014, the affidavit of Ellen B. Sturm, Esq., sworn to June 13, 2014, the notices of motion and cross motion with proof of service thereof, and the affidavit of Melissa B. Burke, Esq., sworn to June 20, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that respondents' motion insofar as it seeks to dismiss the appeal on the ground that the notice of appeal is defective is denied, and

It is further ORDERED that respondents' motion insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 19, 2014, and

It is further ORDERED that appellant's cross motion insofar as it seeks to have the appeal deemed to be a valid appeal pursuant to CPLR 5520 (c) is granted, and appellant's notice of appeal is deemed to be a valid appeal from the order entered January 28, 2014.

Entered: July 21, 2014

Frances E. Cafarell, Clerk