Opinion
Motion No: CA 12-00884
06-06-2012
ROBERT BALON, PLAINTIFF-APPELLANT, v. CARLO PERFETTO, M.D. AND WNY UROLOGY, LLC, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 February 3, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of J. Mark Gruber, Esq., dated May 14, 2012, the notice of motion with proof of service thereof, and the affidavit of Robert Balon, Esq., sworn to May 31, 2012, 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 August 6, 2012.
Frances E. Cafarell, Clerk