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

DOCKET NOS. CA 13-01624
DOCKET NO. CA 13-01625

LINDA HERBERT, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DONALD J. HERBERT, DECEASED, PLAINTIFF-RESPONDENT, V EILEEN REILLY, M.D., ET AL., DEFENDANTS, ELIZABETH MARIE LOVE, M.D., AND GERIATRIC ASSOCIATES, LLP, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) LINDA HERBERT, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DONALD J. HERBERT, DECEASED, PLAINTIFF-RESPONDENT, V EILEEN REILLY, M.D., AND ELDER MEDICAL SERVICES, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

Respondent having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 21, 2013 (appeal No. 1), and April 9, 2013 (appeal No. 2), on the ground that appellants failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Brian A. Goldstein, Esq., dated October 10, 2013, the notice of motion with proof of service thereof, the affidavit of Mark Spitler, Esq., sworn to October 16, 2013, and the affidavit of Mollie C. McGorry, Esq., sworn to October 21, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss appeal No. 1 is dismissed because appellants Elizabeth Marie Love, M.D. and Geriatric Associates, LLP perfected appeal No. 1,

It is further ORDERED that the motion insofar as it seeks to dismiss appeal No. 2 is granted, and appeal No. 2 is dismissed without further order unless the appeal is perfected on or before December 2, 2013.

Entered: November 1, 2013

Frances E. Cafarell, Clerk