Opinion
Motion No: CA 11-01759
09-19-2011
JULIE WALKER AND MICHAEL WALKER, PLAINTIFFS-RESPONDENTS, v. GIL M. FARKASH, M.D., JULIE SZUMIGALA, M.D., AND WOMEN FIRST HEALTHCARE OF WNY, P.C., DEFENDANTS-APPELLANTS.
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 Erie on May 27, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of R. Colin Campbell, Esq., sworn to August 25, 2011, the notice of motion with proof of service thereof, and the affidavit of Jennifer L. Noah, Esq., sworn to September 9, 2011, 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 October 20, 2011.
Patricia L. Morgan, Clerk