| KATHLEEN A. GREENE AND MARK GREENE V KENNETH ECKHERT, III, M.D. |
| Motion No: CA 11-02569 |
| Slip Opinion No: 2012 NY Slip Op 62958(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. |
DOCKET NO. CA 11-02569
| KATHLEEN A. GREENE AND MARK GREENE, PLAINTIFFS-APPELLANTS,
V KENNETH ECKHERT, III, M.D., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 5, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Melissa L. Zittel, Esq., sworn to December 21, 2011, 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