| JOHN E. KETTLER V SUSAN ANNE NOSTRAME, M.D. |
| Motion No: CA 10-00948 |
| Slip Opinion No: 2010 NY Slip Op 73828(U) |
| Decided on May 28, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00948
| JOHN E. KETTLER, PLAINTIFF-APPELLANT, V SUSAN ANNE NOSTRAME,
M.D., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 19, 2010, on the ground that appellant has failed to perfect timely the appeal, and
Appellant having cross-moved for permission to proceed as a poor person and assignment of counsel on the appeal from the same order,
Now, upon reading and filing the affirmations of Danielle Mikalajunas Fogel, Esq. dated April 28, 2010 and May 13, 2010, the affirmation of Irwin Birnbaum, Esq. dated May 12, 2010, the affidavit of John E. Kettler sworn to May 11, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before July 27, 2010, and
It is further ORDERED that the cross motion is hereby denied with leave to renew upon proof of service on all parties and the County Attorney of the County in which the action was tried (see CPLR 1101 [c]; 22 NYCRR 1000.14 [a] [3]).
Entered: May 28, 2010
Patricia L. Morgan, Clerk