MORGAN L. CHIPLEY, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF KADIN A. BROWN V GRANT W. STEPHENSON, M.D.
Motion No: CA 09-00059
Slip Opinion No: 2009 NYSlipOp 69148(U)
Decided on April 7, 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.


April 7, 2009

DOCKET NO. CA 09-00059

MORGAN L. CHIPLEY, INDIVIDUALLY AND AS MOTHER AND NATURAL

GUARDIAN OF KADIN A. BROWN, PLAINTIFF-APPELLANT,

V

GRANT W. STEPHENSON, M.D., INDIVIDUALLY AND DOING BUSINESS

AS DR. GRANT W. STEPHENSON FAMILY MEDICINE, WESTFIELD

MEMORIAL HOSPITAL, INC., AND RICHARD J. DEFRANCO, M.D.,

INDIVIDUALLY AND DOING BUSINESS AS G & P GYNE CARE, INC.,

DEFENDANTS-RESPONDENTS.


Respondents 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 Chautauqua on November 25, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Sally J. Broad sworn to March 18, 2009, the affidavit of Elizabeth G. Adymy sworn to March 23, 2009, the affidavit of Jesse Baldwin sworn to March 24, 2009, the notices of motion with proof of service thereof, the opposing affirmation of Roland M. Cercone dated April 1, 2009,

It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before June 30, 2009.

Entered: April 7, 2009

Patricia L. Morgan, Deputy Clerk