Opinion
DOCKET NO. CA 13-02248
01-24-2014
ANTONIO TALLARICO, AN INFANT, BY AND THROUGH DOMINIC TALLARICO AND MARY TALLARICO, HIS PARENTS AND NATURAL GUARDIANS, AND DOMINIC TALLARICO AND MARY TALLARICO, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. JAYASELVI KOLLI, M.D., DEFENDANT, NIAGARA FALLS MEMORIAL MEDICAL CENTER, 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 Niagara on September 25, 2013, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal taken from the order entered September 25, 2013,
Now, upon reading and filing the affidavit of Helen Kaney Dempsey, Esq., sworn to December 23, 2013, the affirmation of James E. Eagan, Esq., dated December 30, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 25, 2014, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk