| ROY PURDY AND ELINOR PURDY V UNIVERSITY OF ROCHESTER MEDICAL CENTER/STRONG MEMORIAL HOSPITAL |
| Motion No: CA 13-01376 |
| Slip Opinion No: 2013 NY Slip Op 83698(U) |
| Decided on August 23, 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 13-01376
| ROY PURDY AND ELINOR PURDY, PLAINTIFFS-APPELLANTS,
V UNIVERSITY OF ROCHESTER MEDICAL CENTER/STRONG MEMORIAL HOSPITAL,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 22, 2013, on the ground that appellants failed to perfect timely the appeal, and
Appellants having cross-moved for an extension of time to perfect the appeal taken herein from the order and judgment entered May 22, 2013,
Now, upon reading and filing the affidavit of Elizabeth A. Wolford, Esq., sworn to August 2, 2013, the affirmation of Jason E. Abbott, Esq., dated August 5, 2013, 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 insofar as it seeks to dismiss the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 22, 2103, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: August 23, 2013
Frances E. Cafarell, Clerk