| NABIL GUINDY, AS AN INDIVIDUAL AND AS THE ADMINISTRATOR OF THE ESTATE OF SHENOUDA BEKHEIT, DECEASED AND AGIA BEKHEIT V |
| Motion No: CA 10-01415 |
| Slip Opinion No: 2010 NY Slip Op 80626(U) |
| Decided on August 19, 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 10-01415
| NABIL GUINDY, AS AN INDIVIDUAL AND AS THE ADMINISTRATOR OF THE
ESTATE OF SHENOUDA BEKHEIT, DECEASED AND AGIA BEKHEIT, PLAINTIFFS-APPELLANTS, V GENTIVA HEALTH SERVICES, INC.,
DEFENDANT-RESPONDENT. |
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 4, 2010, on the ground that plaintiff Nabil Guindy did not timely serve a notice of appeal or, in the alternative, more than 60 days has elapsed since plaintiff Nabil Guindy filed his notice of appeal,
Now, upon reading and filing the affirmation of Benjamin F. Neidl, Esq. dated June 25, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed.
Entered: August 19, 2010
Patricia L. Morgan, Clerk