| NIMAT RASHADA, AS ADMINISTRATRIX OF THE ESTATE OF MUJAHID RASHADA, DECEASED V SALEM A. KHAN, M.D., SISTERS OF CHARITY |
| Motion No: CA 10-01299 |
| Slip Opinion No: 2010 NY Slip Op 77501(U) |
| Decided on July 15, 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 10-01299
| NIMAT RASHADA, AS ADMINISTRATRIX OF THE ESTATE OF MUJAHID RASHADA,
DECEASED, PLAINTIFF-APPELLANT, V SALEM A. KHAN, M.D., SISTERS OF CHARITY HOSPITAL,
DEFENDANTS-RESPONDENTS. |
Respondents having each separately 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 February 9, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John P. Powers, Esq. dated June 23, 2010, the affidavit of James Balcarczyk, Esq. sworn to June 8, 2010, the notices of motion with proof of service thereof,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without costs.
Entered: July 15, 2010
Patricia L. Morgan, Clerk