| PARKWAY PEDIATRIC AND ADOLESCENT MEDICINE LLC V BENEDETTO VITULLO, M.D. |
| Motion No: CA 09-00330 |
| Slip Opinion No: 2009 NYSlipOp 64585(U) |
| Decided on February 23, 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. |
DOCKET NO. CA 09-00330
| PARKWAY PEDIATRIC AND ADOLESCENT MEDICINE LLC,
PLAINTIFF-APPELLANT, V BENEDETTO VITULLO, M.D., DEFENDANT-RESPONDENT. BENEDETTO VITULLO, M.D., COUNTERCLAIM
PLAINTIFF-RESPONDENT, V GRETCHEN SMITH-BURKE, COUNTERCLAIM DEFENDANT-APPELLANT. |
Respondent 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 Monroe on July 22, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mary Jo S. Korona dated February 10, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Robert G. McCarthy dated February 19, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 24, 2009.
Entered: February 23, 2009
JoAnn M. Wahl, Clerk