| MARCIA A. WILD, THOMAS F. HORN, AS CO-EXECUTORS OF THE ESTATE OF MARGUERITE HORN, DECEASED AND JOSEPH HORN V BUFFALO |
| Motion No: CA 10-01418 |
| Slip Opinion No: 2010 NY Slip Op 77013(U) |
| Decided on July 13, 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 10-01418
| MARCIA A. WILD, THOMAS F. HORN, AS CO-EXECUTORS OF THE ESTATE OF
MARGUERITE HORN, DECEASED AND JOSEPH HORN, PLAINTIFFS-RESPONDENTS, V BUFFALO EMERGENCY ASSOCIATES, LLP AND RAQUEL
MARTIN, M.D., DEFENDANTS-APPELLANTS, CATHOLIC HEALTH SYSTEM, WESTERN NEW YORK CARDIO-THORACIC SURGERY, LLC, STEPHEN
DOWNING, M.D., STEPHEN DOWNING, M.D., PLLC, AND ANANDARAM HERLE, M.D., DEFENDANTS. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 6, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Robert B. Nichols, Esq. dated June 25, 2010, the notice of motion with proof of service thereof, the affidavit of Amy Archer Flaherty, Esq. sworn to July 2, 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 September 13, 2010.
Entered: July 13, 2010
Patricia L. Morgan, Clerk