| JENNIFER PIGUT, AS ADMINISTRATOR OF THE ESTATE OF LAWRENCE D. MCLELLAN, SR., DECEASED V DANIEL A. LEARY, M.D. , SANJAY |
| Motion No: CA 09-00365 |
| Slip Opinion No: 2009 NYSlipOp 65601(U) |
| Decided on March 2, 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 09-00365
| JENNIFER PIGUT, AS ADMINISTRATOR OF THE ESTATE OF LAWRENCE D.
MCLELLAN, SR., DECEASED, PLAINTIFF, V DANIEL A. LEARY, M.D., ET AL., DEFENDANTS, SANJAY VERMA, M.D., MERCY HOSPITAL OF
BUFFALO, DEFENDANTS-APPELLANTS, AND JEFFREY P. STEINIG, M.D., DEFENDANT-RESPONDENT. |
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 Erie on November 14, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Melissa L. Zittel sworn to February 17, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Eric C. Naegely sworn to February 26, 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 May 1, 2009.
Entered: March 2, 2009
JoAnn M. Wahl, Clerk