| DENNIS N. BURNS V CLIFFORD B. SOULTS, M.D., WALTER G. RUSYNIAK, JR., M.D., ALSO KNOWN AS GEORGE RUSYNIAK, JR., M.D. |
| Motion No: CA 08-01422 |
| Slip Opinion No: 2008 NYSlipOp 79094(U) |
| Decided on July 28, 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 08-01422
| DENNIS N. BURNS, PLAINTIFF-APPELLANT, V CLIFFORD B. SOULTS, M.D.,
WALTER G. RUSYNIAK, JR., M.D., ALSO KNOWN AS GEORGE RUSYNIAK, JR., M.D., ADIRONDACK NEUROSURGICAL SPECIALISTS, P.C., MICHELLE
JOHNSTON, M.D., CAROL MCLAUGHLIN-GRAY, CRNA, FRANCIS CATANZARITA, M.D. AND SUNSET ANESTHESIA ASSOCIATES, L.L.P.,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Oneida on March 19, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christina D. Porter sworn to June 26, 2008, the affidavit of Mark L. Dunn sworn to July 3, 2008, the notices of motion with proof of service thereof, the opposing affidavit of Dennis N. Burns sworn to July 16, 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 September 26, 2008.
Entered: July 28, 2008
JoAnn M. Wahl, Clerk