JOHN FORD V JESSICA KEAGLE, M.D., CYRUS LOGHMANEE, M.D., ELLEN RICH, M.D.
Motion No: CA 10-00484
Slip Opinion No: 2010 NY Slip Op 73885(U)
Decided on June 8, 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.


June 8, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-00484

JOHN FORD, PLAINTIFF-APPELLANT,

V

JESSICA KEAGLE, M.D., CYRUS LOGHMANEE, M.D.,

ELLEN RICH, M.D., DEFENDANTS-RESPONDENTS.


Respondent Cyrus Loghmanee, M.D. 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 Erie on January 28, 2010, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavits of Stephen A. Manuele, Esq. sworn to May 10, 2010 and May 19, 2010, the notice of motion with proof of service thereof, the affidavit of Michael Pilarz, Esq. sworn to May 27, 2010,

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 August 9, 2010.

Entered: June 8, 2010

Patricia L. Morgan, Clerk