| TRACY RUDZINSKI AND DONALD RUDZINSKI V JOHN RHOADS, DDS |
| Motion No: CA 07-02551 |
| Slip Opinion No: 2008 NYSlipOp 61291(U) |
| Decided on January 14, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 07-02551
| TRACY RUDZINSKI AND DONALD RUDZINSKI,
PLAINTIFFS-RESPONDENTS, V JOHN RHOADS, DDS, DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 14, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jennifer M. Demert dated
December 6, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Kimberly D. Gensler sworn to January 4, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
March 14, 2008.
Entered: January 14, 2008
JoAnn M. Wahl, Clerk