| CHARLES L. DAVIS V RUSSELL FIRMAN, M.D., EMERGENCY MEDICINE PHYSICIANS OF CORTLAND COUNTY, PLLC, CORTLAND MEMORIAL |
| Motion No: CA 10-01354 |
| Slip Opinion No: 2010 NY Slip Op 77512(U) |
| Decided on July 16, 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 PERADOTTO, JJ.
DOCKET NO. CA 10-01354
| CHARLES L. DAVIS, PLAINTIFF-APPELLANT, V RUSSELL FIRMAN,
M.D., EMERGENCY MEDICINE PHYSICIANS OF CORTLAND COUNTY, PLLC, CORTLAND MEMORIAL HOSPITAL, LYNN CUNNINGHAM, M.D.,
DEFENDANTS-RESPONDENTS. |
Respondents 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 June 12, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Timothy S. Brennan, Esq. sworn to June 22, 2010, the affidavit of Nicole Schreib Mayer, Esq. sworn to July 2, 2010, the notices of motion with proof of service thereof, the affidavits of Charles L. Davis sworn to July 1, 2010 and July 8, 2010,
It is hereby ORDERED that the motions are granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 14, 2010.
Entered: July 16, 2010
Patricia L. Morgan, Clerk