| ROBERT CHOU V IRA DAVENPORT MEMORIAL HOSPITAL |
| Motion No: CA 08-00206 |
| Slip Opinion No: 2008 NYSlipOp 80670(U) |
| Decided on August 18, 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 08-00206
| ROBERT CHOU, PLAINTIFF-APPELLANT, V IRA DAVENPORT MEMORIAL
HOSPITAL, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from a jury verdict of the Supreme Court entered in the Office of the Clerk of the County of Steuben on January 16, 2008, on the ground inter alia, that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David F. McCarthy sworn to July 10, 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 18, 2008
JoAnn M. Wahl, Clerk