| DARLEN M. LOHNAS V FRANK A. LUZI, JR., M.D. AND NORTHTOWNS ORTHOPEDICS, P.C. |
| Motion No: CA 15-00195 |
| Slip Opinion No: 2015 NY Slip Op 64161(U) |
| Decided on February 13, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00195
| DARLEN M. LOHNAS, PLAINTIFF-RESPONDENT, V FRANK A. LUZI, JR., M.D.
AND NORTHTOWNS ORTHOPEDICS, P.C., DEFENDANTS-APPELLANTS. |
Respondent 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 July 14, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Derek J. Roller, Esq., sworn to January 26, 2015, the notice of motion with proof of service thereof, and the affidavit of Tamsin J. Hager, Esq., sworn to January 29, 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 April 14, 2015.
Entered: February 13, 2015
Frances E. Cafarell, Clerk