ARTHUR R. POBLOCKI, AS GUARDIAN OF THE PERSON AND PROPERTY OF EILEEN M. POBLOCKI , AND HEALTHNOW NY, INC., INTERVENOR-
Motion No: CA 07-02295
Slip Opinion No: 2007 NYSlipOp 84277(U)
Decided on November 20, 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.


November 20, 2007

DOCKET NO. CA 07-02295

ARTHUR R. POBLOCKI, AS GUARDIAN OF THE PERSON AND PROPERTY

OF EILEEN M. POBLOCKI, ET AL., PLAINTIFF, AND HEALTHNOW NY,

INC., INTERVENOR-RESPONDENT,

V

CARMEN TODARO, M.D., AND/OR CARMEN TODARO, M.D., P.C.,

OB-GYN ASSOCIATES OF WNY, P.C., AND MCAULEY SETON HOME

CARE, DEFENDANTS-APPELLANTS.


Respondent having moved to dismiss the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 2, 2007, on the ground that appellants have failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Donall O'Carroll dated October 31, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Daniel S. Ratner sworn November 12, 2007, the opposing affidavit of Kimberly A. Cline sworn to

November 12, 2007,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are dismissed without further order unless the appeals are perfected on or before

January 18, 2008.

Entered: November 20, 2007

JoAnn M. Wahl, Clerk