Opinion
DOCKET NO. CA 13-00760
05-28-2013
FREDERICK INGUTTI AND MARY INGUTTI, PLAINTIFFS-RESPONDENTS, v. ROCHESTER GENERAL HOSPITAL, DEFENDANT-APPELLANT.
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 Monroe on September 8, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Paul G. Barden, Esq., dated April 25, 2013, the notice of motion with proof of service thereof, and the affidavit of Jennifer M. Schwartzott, Esq., sworn to May 10, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal has been perfected.
Frances E. Cafarell, Clerk