| KATHLEEN GALLAGHER AND JOHN GALLAGHER V JAMES CORASANTI, M.D. AND KALEIDA HEALTH (BUFFALO GENERAL HOSPITAL) |
| Motion No: NOS. CA 08-01874 AND CA 08-01875 |
| Slip Opinion No: 2008 NYSlipOp 84574(U) |
| Decided on September 30, 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 NOS. CA 08-01874 AND CA 08-01875
| KATHLEEN GALLAGHER AND JOHN GALLAGHER, PLAINTIFFS-APPELLANTS,
V JAMES CORASANTI, M.D. AND KALEIDA HEALTH (BUFFALO GENERAL HOSPITAL),
DEFENDANTS-RESPONDENTS. |
Respondent James Corasanti, M.D. having moved to dismiss the appeals taken from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 28, 2008 and May 14, 2008, on the ground that appellants have failed to perfect timely the appeals, and appellants having cross-moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of Nicole Schreib Mayer sworn to September 5, 2008, the notice of motion with proof of service thereof, the opposing affirmation of David J. Pierguidi dated September 22, 2008, the notice of cross motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are dismissed without further order unless the appeals are perfected on or before November 28, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: September 30, 2008
JoAnn M. Wahl, Clerk