| JOSEPH J. NIKODEM AND GLENDA NIKODEM V MICHAEL H. CHO, M.D. , FAXTON-ST. LUKE'S HEALTHCARE |
| Motion No: CA 08-01480 |
| Slip Opinion No: 2008 NYSlipOp 80187(U) |
| Decided on August 13, 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 08-01480
| JOSEPH J. NIKODEM AND GLENDA NIKODEM, PLAINTIFFS-APPELLANTS,
V MICHAEL H. CHO, M.D., ET AL., DEFENDANTS, FAXTON-ST. LUKE'S HEALTHCARE,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 11, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christina D. Porter sworn to July 9, 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: August 13, 2008
JoAnn M. Wahl, Clerk