| MARIE LACAGNINA AND THOMAS LACAGNINA V ELIAS N. NICHOLAS, M.D. |
| Motion No: NOS. CA 12-01391 AND CA 12-01392 |
| Slip Opinion No: 2012 NY Slip Op 82308(U) |
| Decided on August 22, 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 NOS. CA 12-01391 AND CA 12-01392
| MARIE LACAGNINA AND THOMAS LACAGNINA,
PLAINTIFFS-APPELLANTS, V ELIAS N. NICHOLAS, M.D., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 30, 2012, and February 9, 2012, on the ground that appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Vineeta S. Baronos, M.D., Esq., sworn to July 26, 2012, the notice of motion with proof of service thereof, and the statement of Marie Lacagnina dated August 13, 2012,
It is hereby ORDERED that the motion is granted, and the appeals are dismissed without costs.
Entered: August 22, 2012
Frances E. Cafarell, Clerk