Opinion
DOCKET NO. CA 13-00510
04-15-2013
PAULA J. JOHNSON, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE TO THE ESTATE OF RUSSELL E. JOHNSON, DECEASED, PLAINTIFF-RESPONDENT, v. MOHAMMAD AYYUB, M.D., WELLSVILLE RADIOLOGY, P.L.L.C., DEFENDANTS-APPELLANTS, JONES MEMORIAL HOSPITAL, ANDREW CALL, M.D., AND ST. JAMES MERCY HEALTH SYSTEMS, INC, DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Plaintiff-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 Allegany on October 4, 2012, on the ground that defendants-appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey A. Black, Esq., sworn to March 19, 2013, the notice of motion with proof of service thereof, and the affidavit of J. Mark Gruber, Esq., sworn to March 22, 2013, 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 June 14, 2013.
Frances E. Cafarell, Clerk