| NINETTE M. DUSENBERRY, AS ADMINISTRATRIX OF THE ESTATE OF NICHOLAS A. DUSENBERRY, DECEASED V NIVA B. CASTILLO, M.D. |
| Motion No: CA 09-01834 |
| Slip Opinion No: 2009 NY Slip Op 91530(U) |
| Decided on December 14, 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 09-01834
| NINETTE M. DUSENBERRY, AS ADMINISTRATRIX OF THE ESTATE OF NICHOLAS
A. DUSENBERRY, DECEASED, PLAINTIFF-RESPONDENT, V NIVA B. CASTILLO, M.D., JOHN ASIRWATHAM, M.D., ASHOK KOUL, M.D., SISTERS OF
CHARITY HOSPITAL OF BUFFALO, NEW YORK, CATHOLIC HEALTH SYSTEM, INC., AND SUBRAMANYA R. SHASTRI, M.D.,
DEFENDANTS-RESPONDENTS. HEALTHNOW NEW YORK, INC, APPELLANT. |
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 Erie on August 17, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Elizabeth G. Adymy sworn to December 1, 2009, the affidavit of Mark D. Arcara sworn to December 3, 2009, the notices of motion with proof of service thereof, the affidavit of James Balcarczyk, II sworn to December 4, 2009, the opposing affidavit of Donall O'Carroll sworn to December 8, 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 February 16, 2010.
Entered: December 14, 2009
Patricia L. Morgan, Clerk