| NICHOLAS SERIO, AS FATHER AND NATURAL GUARDIAN OF NICOLE SERIO, AN INFANT V JEFFREY CONSTANTINE, M.D., BUFFALO MEDICAL |
| Motion No: CA 07-02701 |
| Slip Opinion No: 2008 NYSlipOp 69333(U) |
| Decided on April 14, 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 07-02701
| NICHOLAS SERIO, AS FATHER AND NATURAL GUARDIAN OF NICOLE SERIO, AN
INFANT, PLAINTIFF-RESPONDENT, V JEFFREY CONSTANTINE, M.D., BUFFALO MEDICAL GROUP, P.C., AND CATHOLIC HEALTH SYSTEM, DOING
BUSINESS AS SISTERS HOSPITAL OF BUFFALO, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 26, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Rosanne M. Gugino dated March 26, 2008, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: April 14, 2008
JoAnn M. Wahl, Clerk