MARY ELIZABETH JANDA V SURESH RAYANCHA, M.D., SURESH RAYANCHA, PHYSICIAN, P.C., NALIN SINHA, M.D., NALIN KUMAR SINHA
Motion No: CA 09-00130
Slip Opinion No: 2009 NYSlipOp 62867(U)
Decided on February 3, 2009
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.


February 3, 2009

DOCKET NO. CA 09-00130

MARY ELIZABETH JANDA, PLAINTIFF-APPELLANT,

V

SURESH RAYANCHA, M.D., SURESH RAYANCHA, PHYSICIAN, P.C.,

NALIN SINHA, M.D., NALIN KUMAR SINHA, PHYSICIAN, P.C.,

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANT.


Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on October 9, 2008, on the ground that appellant has failed to perfect timely the appeal, or in the alternative to consolidate that appeal with the appeal from an order of the same Court entered December 8, 2008 (Docket No. CA 09-00223),

Now, upon reading and filing the affidavit of Gabrielle Mardany Hope sworn to January 19, 2009, the affidavit of Brian M. Gargano sworn to January 22, 2009, the notices of motion with proof of service thereof,

It is hereby ORDERED that the motions be, and the same hereby are, granted, and the appeal from the judgment entered October 9, 2008 is dismissed without costs.

Entered: February 3, 2009

JoAnn M. Wahl, Clerk