Opinion
Motion No: CA 12-00056
02-27-2012
HELENE FOLEY AND RUSSELL FOLEY, PLAINTIFFS-APPELLANTS, v. EAST AURORA MEDICAL BUILDING, LP AND RDI, LLC, DOING BUSINESS WITH REGENT DEVELOPMENT, 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 October 26, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Anthony F. Pegnia, Jr., Esq., sworn to January 6, 2012, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Frances E. Cafarell, Clerk