| PHILIP C. KORDOS AND MARIE ELAINE KORDOS V ANDREW CAPPUCCINO, M.D. AND BUFFALO SPINE SURGERY, PLLC |
| Motion No: CA 18-00090 |
| Slip Opinion No: 2018 NY Slip Op 62807(U) |
| Decided on January 31, 2018 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00090
| PHILIP C. KORDOS AND MARIE ELAINE KORDOS,
PLAINTIFFS-APPELLANTS, V ANDREW CAPPUCCINO, M.D. AND BUFFALO SPINE SURGERY, PLLC,
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 September 18, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Melissa L. Zittel, Esq., sworn to January 16, 2018, the notice of motion with proof of service thereof, and the affidavit of Gerald T. Walsh, Esq., sworn to January 25, 2018, 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 2, 2018.
Entered: January 31, 2018
Mark W. Bennett, Clerk