| HELENE FOLEY AND RUSSELL FOLEY V EAST AURORA MEDICAL BUILDING, LP AND RDI, LLC, DOING BUSINESS WITH REGENT DEVELOPMENT |
| Motion No: CA 12-00056 |
| Slip Opinion No: 2012 NY Slip Op 65737(U) |
| Decided on February 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 12-00056
| HELENE FOLEY AND RUSSELL FOLEY, PLAINTIFFS-APPELLANTS,
V EAST AURORA MEDICAL BUILDING, LP AND RDI, LLC, DOING BUSINESS WITH REGENT DEVELOPMENT,
DEFENDANTS-RESPONDENTS. |
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 October 26, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Anthony F. Pegnia, Jr., Esq., sworn to January 6, 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: February 27, 2012
Frances E. Cafarell, Clerk