| LEONARD ROSPIERSKI V JEAN G. HAAR, D.D.S., M.D. AND BUFFALO MEDICAL GROUP, P.C. |
| Motion No: CA 10-01181 |
| Slip Opinion No: 2010 NY Slip Op 83052(U) |
| Decided on September 16, 2010 |
| 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01181
| LEONARD ROSPIERSKI, PLAINTIFF-RESPONDENT, V JEAN G. HAAR, D.D.S.,
M.D. AND BUFFALO MEDICAL GROUP, P.C., DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 17, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John A. Collins, Esq. sworn to August 19, 2010, the notice of motion with proof of service thereof, the affidavit of Elizabeth G. Adymy, Esq. sworn to August 26, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 16, 2010.
Entered: September 16, 2010
Patricia L. Morgan, Clerk