| JOSEPH MORAN AND ROSE MARIE MORAN V JOSEPH L. MUSCARELLA, JR., D.O., KALEIDA HEALTH, BUFFALO GENERAL HOSPITAL, MELINDA |
| Motion No: CA 10-01799 |
| Slip Opinion No: 2010 NY Slip Op 83096(U) |
| Decided on September 21, 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 10-01799
| JOSEPH MORAN AND ROSE MARIE MORAN, PLAINTIFFS-APPELLANTS, V
JOSEPH L. MUSCARELLA, JR., D.O., KALEIDA HEALTH, BUFFALO GENERAL HOSPITAL, MELINDA S. BARONE, RNFA, SINISA MARKOVIC, M.D., BUFFALO
ANESTHESIA ASSOCIATES, P.C., DEFENDANTS-RESPONDENTS, BUFFALO ENT SPECIALISTS, LLP, DEFENDANTS. |
Respondents Sinisa Markovic, M.D. and Buffalo Anesthesia Associates, P.C. having moved and respondents Kaleida Health, Buffalo General Hospital, and Melinda S. Barone, RNFA having cross-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 May 19, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Nicole Schreib Mayer, Esq. sworn to August 25, 2010, the affidavit of Mark D. Arcara, Esq. sworn to August 31, 2010, the notices of motion and cross motion with proof of service thereof,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without costs.
Entered: September 21, 2010
Patricia L. Morgan, Clerk