| JULIE WALKER AND MICHAEL WALKER V GIL M. FARKASH, M.D., JULIE SZUMIGALA, M.D., AND WOMEN FIRST HEALTHCARE OF WNY, P.C. |
| Motion No: CA 11-01759 |
| Slip Opinion No: 2011 NY Slip Op 84404(U) |
| Decided on September 19, 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 11-01759
| JULIE WALKER AND MICHAEL WALKER, PLAINTIFFS-RESPONDENTS,
V GIL M. FARKASH, M.D., JULIE SZUMIGALA, M.D., AND WOMEN FIRST HEALTHCARE OF WNY, P.C.,
DEFENDANTS-APPELLANTS. |
Respondents 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 27, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of R. Colin Campbell, Esq., sworn to August 25, 2011, the notice of motion with proof of service thereof, and the affidavit of Jennifer L. Noah, Esq., sworn to September 9, 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 20, 2011.
Entered: September 19, 2011
Patricia L. Morgan, Clerk