| ROY T. PEMBERTON AND LYNETTE PEMBERTON V KALEIDA HEALTH |
| Motion No: CA 12-02162 |
| Slip Opinion No: 2012 NY Slip Op 93594(U) |
| Decided on December 12, 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 12-02162
| ROY T. PEMBERTON AND LYNETTE PEMBERTON,
PLAINTIFFS-APPELLANTS, V KALEIDA HEALTH, DEFENDANT-RESPONDENT. |
Respondent 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 August 8, 2012, on the ground that appellants have failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered August 8, 2012, and other relief,
Now, upon reading and filing the affidavit of Katherine E. Wild, Esq., sworn to November 14, 2012, the affirmation of Emily L. Downing, Esq., dated November 19, 2012, and the notices of motion and cross motion with proof of service thereof, 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 February 11, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: December 12, 2012
Frances E. Cafarell, Clerk