JUDY A. ANDERSON AND JACK A. ANDERSON, CLAIMANTS- V ROSWELL PARK CANCER INSTITUTE CORPORATION
Motion No: CA 12-00049
Slip Opinion No: 2012 NY Slip Op 62944(U)
Decided on January 27, 2012
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.


January 27, 2012

DOCKET NO. CA 12-00049

JUDY A. ANDERSON AND JACK A. ANDERSON,

CLAIMANTS-APPELLANTS,

V

ROSWELL PARK CANCER INSTITUTE CORPORATION,

DEFENDANT-RESPONDENT.


Respondent having moved to dismiss the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on July 25, 2011, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Jennifer L. Noah, Esq., sworn to January 4, 2012, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: January 27, 2012

Frances E. Cafarell, Clerk