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

DOCKET NO. CA 17-00090

SCOTT MEACHAM, INDIVIDUALLY AND AS A SHAREHOLDER OF ADVANCED EDUCATIONAL PRODUCTS, INC., AEP BOOKS & MEDIA INC., AEP FULFILLMENT INC., AEP ENVIRONMENTAL, LLC SUING ON BEHALF OF HIMSELF AND ALL OTHER SHAREHOLDERS OF ADVANCED EDUCATIONAL PRODUCTS, INC., AEP BOOKS & MEDIA INC., AEP FULFILLMENT INC., AND AEP ENVIRONMENTAL, LLC SIMILARLY SITUATED, AND IN THE RIGHT OF ADVANCED EDUCATIONAL PRODUCTS, INC., AEP BOOKS & MEDIA INC., AEP FULFILLMENT INC., AND AEP ENVIRONMENTAL, LLC, PLAINTIFF-APPELLANT, V JPRO BOOKS & MEDIA LLC, DEFENDANT, MICHAEL A. CASCIANO, CASCIANO CONSULTING GROUP LLC, KENNETH A. PRONTI, LAURA PRONTI, ANTHONY ZIER, ADVANCED EDUCATIONAL PRODUCTS, INC., DEFENDANTS-RESPONDENTS, SUNBELT BUSINESS BROKERS OF W.N.Y., ET AL., DEFENDANTS.

Respondent Advanced Educational Products, Inc. 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 May 18, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Jon F. Minear, Esq., sworn to January 4, 2017, the notice of motion with proof of service thereof, and the affirmation of Rebecca M. Kujawa, Esq., dated January 25, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed, with respect to Advanced Educational Products, Inc., without further order unless the appeal is perfected on or before March 31, 2017.

Entered: January 30, 2017

Frances E. Cafarell, Clerk