Opinion
DOCKET NO. CA 15-00858
06-04-2015
MARY ELLEN MESI AND JOSEPH G. MESI, JR., PLAINTIFFS-RESPONDENTS, v. VIVIAN L. LINDFIELD, M.D., INDIVIDUALLY AND AS AN AGENT, OFFICER AND/OR EMPLOYEE OF WESTERN NEW YORK BREAST HEALTH, WESTERN NEW YORK BREAST HEALTH, BY AN THROUGH ITS AGENTS, OFFICERS AND/OR EMPLOYEES, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
PRESENT:
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 2, 2015, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Timothy J. DeMorse, Esq., sworn to May 12, 2015, the notice of motion with proof of service thereof, and the affidavit of Matthew R. Benner, Esq., sworn to May 29, 2015, 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 3, 2015.
Entered: June 4, 2015
Frances E. Cafarell, Clerk