| JAMES A. SLAYTON AND KATHLEEN L. SLAYTON V VENKATESWARA R. KOLLI, M.D., MARYDONNA HALL, P.A. AND KENMORE MERCY HOSPITAL |
| Motion No: CA 12-02046 |
| Slip Opinion No: 2013 NY Slip Op 62403(U) |
| Decided on January 18, 2013 |
| 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 12-02046
| JAMES A. SLAYTON AND KATHLEEN L. SLAYTON,
PLAINTIFFS-RESPONDENTS, V VENKATESWARA R. KOLLI, M.D., MARYDONNA HALL, P.A., DEFENDANTS, AND KENMORE
MERCY HOSPITAL, DEFENDANT-APPELLANT. |
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 October 12, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Helen Kaney Dempsey, Esq., sworn to December 24, 2012, the notice of motion with proof of service thereof, and the affidavit of Amy Archer Flaherty, Esq., sworn to January 4, 2013, 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 March 19, 2013.
Entered: January 18, 2013
Frances E. Cafarell, Clerk