| DEAN SCHREIBER V UNIVERSITY OF ROCHESTER MEDICAL CENTER AND ITS AGENTS, SERVANTS AND/OR EMPLOYEES |
| Motion No: CA 09-02275 |
| Slip Opinion No: 2009 NY Slip Op 90166(U) |
| Decided on November 30, 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 09-02275
| DEAN SCHREIBER, PLAINTIFF-APPELLANT, V UNIVERSITY OF ROCHESTER
MEDICAL CENTER AND ITS AGENTS, SERVANTS AND/OR EMPLOYEES, 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 Monroe on August 21, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas C. Burke sworn to November 9, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Joseph S. Cote, III sworn to November 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 January 29, 2010.
Entered: November 30, 2009
Patricia L. Morgan, Clerk