ATASH IMANVERDI AND SHEILA IMANVERDI V BRYAN G. POPOVICI, DPM, INDIVIDUALLY AND AS AN AGENT, OFFICER AND/OR EMPLOYEE OF
Motion No: CA 12-00885
Slip Opinion No: 2012 NY Slip Op 91065(U)
Decided on November 21, 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.


November 21, 2012

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

DOCKET NO. CA 12-00885

ATASH IMANVERDI AND SHEILA IMANVERDI,

PLAINTIFFS-APPELLANTS,

V

BRYAN G. POPOVICI, DPM, INDIVIDUALLY AND AS AN AGENT,

OFFICER AND/OR EMPLOYEE OF BRYAN G. POPOVICI, DPM, PC, BY

AND THROUGH ITS AGENTS, OFFICERS AND/OR EMPLOYEES AND ST.

JOSEPH'S HOSPITAL HEALTH CENTER, BY AND THROUGH ITS AGENTS,

OFFICERS AND/OR EMPLOYEES, DEFENDANTS-RESPONDENTS.


Respondents Bryan G. Popovici, DPM and Bryan G. Popovici, DPM, PC 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 Onondaga on April 23, 2012, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavits of Meghann N. Roehl, Esq., sworn to November 1, 2012, and November 16, 2012, the notice of motion with proof of service thereof, and the affidavit of Aaron V. Ryder, Esq., sworn to November 14, 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 January 21, 2013.

Entered: November 21, 2012

Frances E. Cafarell, Clerk