| KIMBERLY M. LARSEN V NITIN S. BANWAR, M.D., AND INTERLAKES ORTHOPAEDIC SURGERY, P.C |
| Motion No: CA 09-01040 |
| Slip Opinion No: 2009 NY Slip Op 74787(U) |
| Decided on June 8, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01040
| KIMBERLY M. LARSEN, PLAINTIFF-APPELLANT, V NITIN S. BANWAR, M.D.,
AND INTERLAKES ORTHOPAEDIC SURGERY, P.C, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 19, 2008, and respondents having cross-moved to dismiss the appeal for failure to perfect timely,
Now, upon reading and filing the affirmation of Steven A. Lucia dated May 20, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Thomas M. Bernacki sworn to June 1, 2009, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted to the extent that appellant shall perfect the appeal on or before August 7, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 8, 2009
Patricia L. Morgan, Clerk