| THOMAS PARZYMIESO AND BELINDA PARZYMIESO V MAZIN A. DHAFIR, M.D. |
| Motion No: CA 14-02258 |
| Slip Opinion No: 2015 NY Slip Op 61786(U) |
| Decided on January 22, 2015 |
| 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 CARNI, JJ.
DOCKET NO. CA 14-02258
| THOMAS PARZYMIESO AND BELINDA PARZYMIESO,
PLAINTIFFS-APPELLANTS, V MAZIN A. DHAFIR, M.D., 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 Erie on September 17, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew R. Benner, Esq., sworn to December 17, 2014, the notice of motion with proof of service thereof, and the affirmation of David C. Laub, Esq., dated January 2, 2015, 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 March 23, 2015.
Entered: January 22, 2015
Frances E. Cafarell, Clerk