| JOSEPH P. SAWYER, SR. AND DONNA L. SAWYER V KALEIDA HEALTH |
| Motion No: CA 13-00221 |
| Slip Opinion No: 2013 NY Slip Op 66597(U) |
| Decided on March 6, 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 13-00221
| JOSEPH P. SAWYER, SR. AND DONNA L. SAWYER,
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 November 13, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark D. Arcara, Esq., sworn to January 30, 2013, the notice of motion with proof of service thereof, and the affidavit of Denis A. Kitchen, Jr., Esq., sworn to February 13, 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 May 6, 2013.
Entered: March 6, 2013
Frances E. Cafarell, Clerk