| CHARLES L. DAVIS, V RUSSELL FIRMAN, M.D., EMERGENCY MEDICINE PHYSICIANS OF CORTLAND COUNTY, PLLC, CORTLAND MEMORIAL |
| Motion No: CA 06-03624 |
| Slip Opinion No: 2007 NYSlipOp 81981(U) |
| Decided on October 23, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 06-03624
| CHARLES L. DAVIS, PLAINTIFF-APPELLANT-RESPONDENT, V RUSSELL FIRMAN, M.D., EMERGENCY MEDICINE PHYSICIANS OF CORTLAND COUNTY, PLLC, CORTLAND MEMORIAL HOSPITAL, AND LYNN CUNNINGHAM, M.D., DEFENDANTS-RESPONDENTS-APPELLANTS. |
Appellant-respondent having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 10, 2006,
Now, upon reading and filing the affidavit of Charles L. Davis sworn to
October 1, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Nicole Schreib Mayer dated October 15, 2007, the opposing affidavit of Timothy S. Brennan sworn to October 12, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that appellant-respondent perfect the appeal on or before
December 21, 2007, and
It is further ORDERED that respondents-appellants shall perfect their cross appeals on or before January 25, 2008.
Entered: October 23, 2007
JoAnn M. Wahl, Clerk