| ANGEL E. ROLON V AUBURN MEMORIAL HOSPITAL |
| Motion No: CA 08-02628 |
| Slip Opinion No: 2010 NY Slip Op 62087(U) |
| Decided on January 26, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 08-02628
| ANGEL E. ROLON, PLAINTIFF-APPELLANT, V AUBURN MEMORIAL
HOSPITAL, DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on December 10, 2008, and for other relief,
Now, upon reading and filing the affidavit of Angel E. Rolon sworn to November 22, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Janet D. Callahan dated December 10, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal is granted, on the condition that appellant perfect the appeal on or before March 29, 2010, and
It is further ORDERED that the motion is in all other respects denied.
Entered: January 26, 2010
Patricia L. Morgan, Clerk