| 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 84331(U) |
| Decided on October 4, 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 10-01799
| 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. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 19, 2010,
Now, upon reading and filing the affidavits of Stephanie S. Gelber, Esq. sworn to September 13, 2010, and September 24, 2010, the notice of motion with proof of service thereof, the affidavit of Mark D. Arcara, Esq. sworn to September 23, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellants perfect the appeal on or before December 3, 2010.
Entered: October 4, 2010
Patricia L. Morgan, Clerk