| CYNTHIA DUSCHER AND RUSSELL DUSCHER V MERCY HOSPITAL OF BUFFALO AND CATHOLIC HEALTH SYSTEM, INC., INDIVIDUALLY AND |
| Motion No: CA 14-00082 |
| Slip Opinion No: 2014 NY Slip Op 63253(U) |
| Decided on February 4, 2014 |
| 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. |
DOCKET NO. CA 14-00082
| CYNTHIA DUSCHER AND RUSSELL DUSCHER,
PLAINTIFFS-APPELLANTS, V MERCY HOSPITAL OF BUFFALO AND CATHOLIC HEALTH SYSTEM, INC., INDIVIDUALLY AND JOINTLY
AND DOING BUSINESS AS MERCY HOSPITAL OF BUFFALO, DEFENDANTS-RESPONDENTS. |
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 11, 2013, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Elizabeth M. Midgley, Esq., sworn to January 9, 2014, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: February 4, 2014
Frances E. Cafarell, Clerk