CAROLE F. WALTZ AND BETH L. KOCH, AS CO-ADMINISTRATORS OF THE ESTATE OF SANDRA WALTZ V EUGENE J. GOSY, M.D., GOSY AND

CAROLE F. WALTZ AND BETH L. KOCH, AS CO-ADMINISTRATORS OF THE ESTATE OF SANDRA WALTZ V EUGENE J. GOSY, M.D., GOSY AND

Motion No: CA 08-01726

Slip Opinion No: 2008 NYSlipOp 82953(U)

Decided on September 9, 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.

September 9, 2008

DOCKET NO. CA 08-01726

CAROLE F. WALTZ AND BETH L. KOCH, AS CO-ADMINISTRATORS OF
THE ESTATE OF SANDRA WALTZ, PLAINTIFFS-RESPONDENTS,
V
EUGENE J. GOSY, M.D., GOSY AND ASSOCIATES PAIN TREATMENT
CENTER, DEFENDANTS-APPELLANTS,
ET AL., DEFENDANT.

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 Erie on May 8, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Melissa A. Brewster sworn to August 13, 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: September 9, 2008

JoAnn M. Wahl, Clerk