Opinion
CA 12-01591 CA 12-01660 DOCKET NO. CA 12-01590
04-15-2013
ROSE SLAZYK AND FRANK N. SLAZYK, PLAINTIFFS-APPELLANTS, v. JOYCE DAVOLI, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Frank C. Slazyk having moved to be substituted as the representative of the estate of the deceased plaintiff Rose Slazyk on the appeals taken herein from orders of Supreme Court entered in the Office of the Clerk of the County of Erie on April 23, 2012, June 13, 2012, and February 24, 2012,
Now, upon reading and filing the affirmation of Peter B. Nicely, Esq., dated March 6, 2013, the affidavit of Frank C. Slazyk sworn to February 5, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed (see Bluestein v City of New York, 280 AD2d 506; Schraven v Town of Tonawanda, 238 AD2d 952).
Frances E. Cafarell, Clerk