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

DOCKET NO. CA 15-00478
DOCKET NO. CA 15-00479
DOCKET NO. CA 15-00480

FRANCIS P. OSCIER, PLAINTIFF-RESPONDENT, V JOANNE V. MUSTY, DEFENDANT-RESPONDENT-APPELLANT, ANTHONY J. MINGARELLI, JR., DEFENDANT-APPELLANT-RESPONDENT, AND T & T CONCRETE, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) FRANCIS P. OSCIER, PLAINTIFF-APPELLANT, V JOANNE V. MUSTY, DEFENDANT-RESPONDENT-APPELLANT, ANTHONY J. MINGARELLI, JR., DEFENDANT, T & T CONCRETE, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.) FRANCIS P. OSCIER, PLAINTIFF, V JOANNE V. MUSTY, DEFENDANT-APPELLANT, ANTHONY J. MINGARELLI, JR., DEFENDANT, T & T CONCRETE, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 3.)

Defendant-respondent having moved to dismiss the appeal and cross appeals of Francis P. Oscier and Joanne C. Musty taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 15, 2014 (appeal No. 1), and January 12, 2015 (appeal Nos. 2 and 3), on the ground that appellants failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Kevin E. Loftus, Esq., dated April 23, 2015, the notice of motion with proof of service thereof, the affirmation of Leo T. Fabrizi, Esq., dated May 2, 2015, the affirmation of Michael M. Metzger, Esq., dated May 4, 2015, and the affidavit of Christopher R. Poole, Esq., sworn to May 7, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal and cross appeals are dismissed without further order unless the appeals are perfected on or before July 27, 2015.

Entered: May 26, 2015

Frances E. Cafarell, Clerk