| DR. JUSTIN J. VERRONE V DR. BRUCE R. HANKIN AND DR. HANKIN & DR. VERRONE, O.D., P.C. |
| Motion No: CA 11-01307 |
| Slip Opinion No: 2011 NY Slip Op 81987(U) |
| Decided on August 24, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01307
| DR. JUSTIN J. VERRONE, PLAINTIFF-RESPONDENT, V DR. BRUCE R.
HANKIN AND DR. HANKIN & DR. VERRONE, O.D., P.C., DEFENDANTS-APPELLANTS. |
Respondent 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 Monroe on April 29, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Erik A. Goergen, Esq., dated August 12, 2011, the notice of motion with proof of service thereof, and the affirmation of Randall D. Hildebrandt, Esq., dated August 19, 2011, 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 October 24, 2011.
Entered: August 24, 2011
Patricia L. Morgan, Clerk