| KATHLEEN BRACKETT AND TIMOTHY BRACKETT V FINGER LAKES HEALTH, FINGER LAKES REGIONAL HEALTH SYSTEM, INC., FINGER LAKES |
| Motion No: CA 10-00876 |
| Slip Opinion No: 2010 NY Slip Op 70505(U) |
| Decided on May 4, 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. |
DOCKET NO. CA 10-00876
| KATHLEEN BRACKETT AND TIMOTHY BRACKETT,
PLAINTIFFS-RESPONDENTS, V FINGER LAKES HEALTH, FINGER LAKES REGIONAL HEALTH SYSTEM, INC., FINGER LAKES AREA HEALTH
CORPORATION, DEFENDANTS-APPELLANTS. |
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 Ontario on December 24, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael G. Bersani, Esq. sworn to April 12, 2010, the notice of motion with proof of service thereof, the statement of Thomas M. Bernacki, Esq. dated April 26, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: May 4, 2010
Patricia L. Morgan, Clerk