| ROBERT BALON V CARLO PERFETTO, M.D. AND WNY UROLOGY, LLC |
| Motion No: CA 12-00884 |
| Slip Opinion No: 2012 NY Slip Op 75496(U) |
| Decided on June 6, 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 12-00884
| ROBERT BALON, PLAINTIFF-APPELLANT, V CARLO PERFETTO, M.D. AND
WNY UROLOGY, LLC, 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 February 3, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of J. Mark Gruber, Esq., dated May 14, 2012, the notice of motion with proof of service thereof, and the affidavit of Robert Balon, Esq., sworn to May 31, 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 August 6, 2012.
Entered: June 6, 2012
Frances E. Cafarell, Clerk