ERIN R. VANPELT AND STEPHEN J. VANPELT, INDIVIDUALLY AND AS ADMINISTRATORS OF THE ESTATE OF GIANNA ROSE VANPELT
Motion No: CA 08-01952
Slip Opinion No: 2008 NYSlipOp 84570(U)
Decided on September 29, 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 29, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-01952

ERIN R. VANPELT AND STEPHEN J. VANPELT, INDIVIDUALLY AND AS

ADMINISTRATORS OF THE ESTATE OF GIANNA ROSE VANPELT,

DECEASED, PLAINTIFFS-RESPONDENTS,

V

MARC A. FEINER, M.D., INDIVIDUALLY AND AS AN AGENT,

OFFICER, AND/OR EMPLOYEE OF MEDICAL ARTS OB-GYN, P.C., AND

MAPATUNAGE A. SIRIWARDENA, M.D., DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.


Appellant Marc A. Feiner, M.D. having moved to vacate the dismissal of his appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 27, 2007,

Now, upon reading and filing the affidavit of Gabrielle Mardany Hope sworn to September 18, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that appellant perfect his appeal on or before October 14, 2008.

Entered: September 29, 2008

JoAnn M. Wahl, Clerk