| KIMBERLIE LEAVY V CHILDREN'S HOSPITAL OF BUFFALO |
| Motion No: CA 08-00166 |
| Slip Opinion No: 2008 NYSlipOp 62987(U) |
| Decided on February 4, 2008 |
| 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. |
DOCKET NO. CA 08-00166
| KIMBERLIE LEAVY, PLAINTIFF-RESPONDENT, V CHILDREN'S HOSPITAL
OF BUFFALO, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 23, 2007, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Duane D. Schoonmaker dated
January 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John P. Danieu sworn to January 29, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Duane D. Schoonmaker dated January 31, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
April 4, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: February 4, 2008
JoAnn M. Wahl, Clerk