JULIE DIEL, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF BRANDON DIEL, AN INFANT, AND AS ADMINISTRATRIX OF THE

JULIE DIEL, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF BRANDON DIEL, AN INFANT, AND AS ADMINISTRATRIX OF THE

Motion No: CA 08-01274

Slip Opinion No: 2008 NYSlipOp 77287(U)

Decided on June 30, 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.

June 30, 2008

DOCKET NO. CA 08-01274

JULIE DIEL, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN
OF BRANDON DIEL, AN INFANT, AND AS ADMINISTRATRIX OF THE
ESTATE OF BRANDON DIEL, DECEASED, PLAINTIFF-RESPONDENT,
V
AMY BRYAN, D.D.S., GILBERT SCHULENBERG, D.D.S., DOING
BUSINESS AS BUFFALO ORAL SURGERY ASSOCIATES,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.

Respondent having moved to dismiss the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 28, 2008, on the ground that appellants have failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Robert H. Perk sworn to June 9, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Randy C. Mallaber dated June 12, 2008,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are dismissed without further order unless the appeals are perfected on or before July 30, 2008.

Entered: June 30, 2008

JoAnn M. Wahl, Clerk