Opinion
DOCKET NO. CA 13-00221
03-06-2013
JOSEPH P. SAWYER, SR. AND DONNA L. SAWYER, PLAINTIFFS-APPELLANTS, v. KALEIDA HEALTH, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Erie on November 13, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mark D. Arcara, Esq., sworn to January 30, 2013, the notice of motion with proof of service thereof, and the affidavit of Denis A. Kitchen, Jr., Esq., sworn to February 13, 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 May 6, 2013.
Frances E. Cafarell, Clerk