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

DOCKET NO. CA 14-01932

TAMMY L. WESTFALL, RAYMOND WESTFALL, GLEN C. DRAKE, MARYANN DRAKE, JOHN R. GAYTON, MARJORY S. NEWARK, CLARENCE J. NEWARK, BARBARA A. COMSTOCK, SHARON E. LOWE, DONALD LOWE, RYAN M. GERRITY, KATHLENE Y. RUCINSKI, WADE VOSBURGH, DORTOTHY VOSBURGH, BOBBI JO GROFF, WAYNE GROFF, CYNTHIA L. PENNELL, DANIEL PENNELL, RAYMOND L. MCGINNIS, JOLENE E. WEST, DANE SEXTON, CAROL SEXTON, TONYA I. FINSTER, GEORGE FINSTER, WEALTHY BUCKTOOTH, MELISSA M. STEVENS, VIOLA STEVENS, JOHN S. BRENNAN, SCOTT L. ANDERSON, TERESA ANDERSON, EDWARD WHITE, AND OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, V OLEAN GENERAL HOSPITAL AND UPPER ALLEGHENY HEALTH SYSTEM, INC., 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 Cattaraugus on July 30, 2014, 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 from the order entered July 30, 2014,

Now, upon reading and filing the affidavit of Sally J. Broad, Esq., sworn to October 27, 2014, the affidavit of David W. Olson, Esq., sworn to November 10, 2014, 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 is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before February 2, 2015, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: December 2, 2014

Frances E. Cafarell, Clerk