| AYO FORD V BRYAN G. POPOVICI, D.P.M., INDIVIDUALLY AND AS AGENT, OFFICER AND/OR EMPLOYEE OF BRYAN G. POPOVICI, D.P.M. |
| Motion No: CA 10-01832 |
| Slip Opinion No: 2010 NY Slip Op 86357(U) |
| Decided on October 26, 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 10-01832
| AYO FORD, PLAINTIFF-RESPONDENT, V BRYAN G. POPOVICI, D.P.M.,
INDIVIDUALLY AND AS AGENT, OFFICER AND/OR EMPLOYEE OF BRYAN G. POPOVICI, D.P.M., AND BRYAN G. POPOVICI, D.P.M., P.C.,
DEFENDANTS-APPELLANTS. |
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 August 10, 2010, on the ground that appellants failed to file serve timely a notice of appeal from the judgment of the Supreme Court entered on May 3, 2010,
Now, upon reading and filing the affirmation of Michael S. Porter, Esq. dated September 1, 2010, the notice of motion with proof of service thereof, the affirmation of Anthony F. DeStefano, Esq. dated September 9, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 26, 2010
Patricia L. Morgan, Clerk