PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01979

NORMA SCORE AND JAMES W. SCORE, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, V JONATHAN C. REYNHOUT, M.D., JONATHAN C. REYNHOUT, M.D., P.C., RAYMOND O'CONNELL SCHULTZ, M.D.,CENTER FOR PLASTIC SURGERY, DEBRA BRIND'AMOUR, R.N., DOLORES MORGAN, R.N., BARBARA SHEARER, R.N., AMY SWIGONSKI, ORT, SANDRA HOOPER, ORT, SANDRA BURCZYNSKI, SCRUB TECHNICIAN, KALEIDA HEALTH DOING BUSINESS AS BUFFALO GENERAL HOSPITAL, DEFENDANTS-RESPONDENTS.

Respondents Jonathan C. Reynhout, M.D., Jonathan C. Reynhout, M.D., P.C., Raymond O'Connell Schultz, M.D. and Center for Plastic Surgery 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 June 1, 2012, on the ground that appellants have failed to perfect timely the appeal, and

Appellants having moved for an extension of time to perfect the appeal taken from the order entered June 1, 2012,

Now, upon reading and filing the affidavit of Brian J. Chavanne, Jr., Esq., sworn to October 4, 2012, the affidavit of Timothy G. O'Connell, Esq., sworn to October 19, 2012, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion to dismiss is granted and the appeal is dismissed without further order unless the appeal is perfected on or before January 2, 2013, and

It is further ORDERED that appellants' motion is dismissed as unnecessary.

Entered: November 2, 2012

Frances E. Cafarell, Clerk