| TRISHA BROWN, INDIVIDUALLY AND AS CO-EXECUTOR OF THE ESTATE OF LOYOLA MCCORMICK, DECEASED, AND GREG MCCORMICK |
| Motion No: CA 10-00225 |
| Slip Opinion No: 2010 NY Slip Op 63062(U) |
| Decided on February 9, 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 10-00225
| TRISHA BROWN, INDIVIDUALLY AND AS CO-EXECUTOR OF THE ESTATE OF
LOYOLA MCCORMICK, DECEASED, AND GREG MCCORMICK, INDIVIDUALLY AND AS CO-EXECUTOR OF THE ESTATE OF LOYOLA MCCORMICK,
PLAINTIFFS-RESPONDENTS, V ARNOT MEDICAL CENTER, DEFENDANT, KEVIN D. O'SHEA, M.D., DEFENDANT-APPELLANT, EDWARD H.
CLARKE, M.D., DEFENDANT, AND ALEKSANDER J. RUPIK, M.D., DEFENDANT. |
Respondent 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 Steuben on November 9, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Donald W. O'Brien, Jr. sworn to January 25, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Brandon R. King sworn to February 1, 2010, and the reply affidavit of Donald W. O'Brien, Jr. sworn to February 1, 2010, and due deliberation having been had thereon,
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 April 9, 2010.
Entered: February 9, 2010
Patricia L. Morgan, Clerk