| JOYCE A. GOETCHIUS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES J. GOETCHIUS V PERRY J. SPAVENTO, M.D. AND |
| Motion No: CA 10-01936 |
| Slip Opinion No: 2010 NY Slip Op 86945(U) |
| Decided on October 29, 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 CARNI, JJ.
DOCKET NO. CA 10-01936
| JOYCE A. GOETCHIUS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF
JAMES J. GOETCHIUS, PLAINTIFF-APPELLANT, V PERRY J. SPAVENTO, M.D. AND MOUNT ST. MARY'S HOSPITAL OF NIAGARA FALLS,
DEFENDANTS-RESPONDENTS. |
Respondent Perry J. Spavento, M.D. having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on June 23, 2010, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Tamsin J. Hager, Esq. sworn to September 21, 2010, the notice of motion with proof of service thereof, the affidavit of Michael R. Drumm, Esq. sworn to September 28, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before December 28, 2010.
Entered: October 29, 2010
Patricia L. Morgan, Clerk