| BERNARD OLIVERI, MARY OLIVERI, PETER OLIVERI, PAUL OLIVERI, AND DANIEL OLIVERI V RUSSELL P. COLOSI, DDS, INDIVIDUALLY |
| Motion No: CA 14-01207 |
| Slip Opinion No: 2014 NY Slip Op 79121(U) |
| Decided on July 29, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-01207
| BERNARD OLIVERI, MARY OLIVERI, PETER OLIVERI, PAUL
OLIVERI, AND DANIEL OLIVERI, PLAINTIFFS-APPELLANTS, V RUSSELL P. COLOSI, DDS, INDIVIDUALLY AND DOING BUSINESS
AS RUSSELL P. COLOSI, DDS, PATRICIA COLOSI, JOHN GOSS AND DEBORAH GOSS,
DEFENDANTS-RESPONDENTS. |
Respondents Russell P. Colosi, DDS individually, Patricia Colosi, and Russell P. Colosi, DDS doing business as Russell P. Colosi, DDS 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 April 9, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jonathan H. Bard, Esq., dated July 7, 2014, the affirmation of Carlton K. Brownell, III, Esq., received July 16, 2014, the notices of motion with proof of service thereof, and the affirmation of Terrance C. Brennan, Esq., dated July 21, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 29, 2014.
Entered: July 29, 2014
Frances E. Cafarell, Clerk