| IN THE MATTER OF SISTERS OF CHARITY HOSPITAL V RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH OF STATE OF NEW YORK |
| Motion No: CA 10-02018 |
| Slip Opinion No: 2010 NY Slip Op 87681(U) |
| Decided on November 5, 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 10-02018
| IN THE MATTER OF SISTERS OF CHARITY HOSPITAL,
PETITIONER-RESPONDENT, V RICHARD F. DAINES, M.D., COMMISSIONER OF HEALTH OF STATE OF NEW YORK, AND LAURA L. ANGLIN, AS DIRECTOR
OF THE BUDGET OF STATE OF NEW YORK, OR THEIR SUCCESSORS, RESPONDENTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 31, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Thomas G. Smith, Esq. dated October 1, 2010, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq. dated October 12, 2010, and due deliberation having been had thereon,
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 January 4, 2010.
Entered: November 5, 2010
Patricia L. Morgan, Clerk