| TINA CLARK V FIRST COLUMBIA SAMARITAN, LLC, HERRICK'S ENTERPRISES & SAMARITAN MEDICAL CENTER FIRST COLUMBIA SAMARITAN |
| Motion No: CA 10-00131 |
| Slip Opinion No: 2010 NY Slip Op 62653(U) |
| Decided on February 2, 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 10-00131
| TINA CLARK, PLAINTIFF-APPELLANT, V FIRST COLUMBIA SAMARITAN,
LLC, HERRICK'S ENTERPRISES & SAMARITAN MEDICAL CENTER, DEFENDANTS-RESPONDENTS. FIRST COLUMBIA SAMARITAN, LLC, THIRD-PARTY
PLAINTIFF, V NORTH COUNTRY PROPERTY SERVICES OF WATERTOWN, THIRD-PARTY DEFENDANT. |
Respondent Herrick's Enterprises & Samaritan, LLC 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 Jefferson on October 27, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michelle M. Davoli sworn to January 11, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Neil J. Smith sworn to January 18, 2010, the letter response of Anna C. O'Neil dated January 29, 2010 not opposing the dismissal,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: February 2, 2010
Patricia L. Morgan, Clerk