| GWENDOLYN HOOVER, M.D. AND EDDIE HOOVER, M.D. V JUREK & BROWN PROPERTIES, INC., HENRY JUREK AND JUREK CUSTOM BUILDERS |
| Motion No: CA 12-00506 |
| Slip Opinion No: 2012 NY Slip Op 68709(U) |
| Decided on March 29, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00506
| GWENDOLYN HOOVER, M.D. AND EDDIE HOOVER, M.D.,
PLAINTIFFS-APPELLANTS, V JUREK & BROWN PROPERTIES, INC., HENRY JUREK AND JUREK CUSTOM BUILDERS,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 4, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Thomas P. Carafa, Esq., dated February 15, 2012, and March 6, 2012, the notice of motion with proof of service thereof, and the affirmation of Anthony L. Pendergrass, Esq., received March 23, 2012, 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 May 29, 2012.
Entered: March 29, 2012
Frances E. Cafarell, Clerk