JAMES V. AQUAVELLA, M.D., P.C. AND JAMES V. AQUAVELLA, M.D. V RALPH S. VIOLA, M.D. (APPEAL NO. 1. ) JAMES V. AQUAVELLA
Motion No: NOS. CA 10-00001 AND CA 10-00002
Slip Opinion No: 2010 NY Slip Op 60892(U)
Decided on January 5, 2010
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.


January 5, 2010

DOCKET NOS. CA 10-00001 AND CA 10-00002

JAMES V. AQUAVELLA, M.D., P.C. AND JAMES V. AQUAVELLA,

M.D., PLAINTIFF-RESPONDENT,

V

RALPH S. VIOLA, M.D., DEFENDANT-APPELLANT.

(APPEAL NO. 1. )

JAMES V. AQUAVELLA, M.D., P.C. AND JAMES V. AQUAVELLA, M.D.,

PLAINTIFF-RESPONDENT,

V

RALPH S. VIOLA, M.D., DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved to withdraw the appeals taken from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 31, 2009 and April 13, 2009,

Now, upon reading and filing the affirmation of Michael A. Sciortino dated December 24, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Peter J. Glennon dated December 31, 2009, and due deliberation having been thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the appeals dismissed without prejudice.

Entered: January 5, 2010

Patricia L. Morgan, Clerk