| ASD SPECIALTY HEALTHCARE, INC., DOING BUSINESS AS ONCOLOGY SUPPLY COMPANY, DERIVATIVELY ON BEHALF OF SYRACUSE |
| Motion No: CA 10-01145 |
| Slip Opinion No: 2010 NY Slip Op 73912(U) |
| Decided on June 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. |
DOCKET NO. CA 10-01145
| ASD SPECIALTY HEALTHCARE, INC., DOING BUSINESS AS ONCOLOGY SUPPLY
COMPANY, DERIVATIVELY ON BEHALF OF SYRACUSE HEMATOLOGY/ONCOLOGY, P.C., PLAINTIFF-RESPONDENT, V J. ROBERT SMITH,
DEFENDANT, BENJAMIN S. HIMPLER AND ANGELIE ROMAN, DEFENDANTS-APPELLANTS. |
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 Onondaga on February 22, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Eric C. Nordby, Esq. dated May 19, 2010, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: June 9, 2010
Patricia L. Morgan, Clerk