| IN THE MATTER OF ROBERT SHAVER AND NORMA JESMER, EXECUTORS OF THE ESTATE OF ALICE COPELAND, DECEASED V ST. JAMES MERCY |
| Motion No: CA 10-02272 |
| Slip Opinion No: 2010 NY Slip Op 91667(U) |
| Decided on December 16, 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 10-02272
| IN THE MATTER OF ROBERT SHAVER AND NORMA JESMER, EXECUTORS OF THE
ESTATE OF ALICE COPELAND, DECEASED, PLAINTIFFS-RESPONDENTS, V ST. JAMES MERCY HEALTH SYSTEMS, INC, AND ST. JAMES MERCY
HOSPITAL, INC., DEFENDANTS-APPELLANTS, KENNETH J. HALL AND INNOVA BUSINESS SERVICES, LLC, DEFENDANTS. INNOVA BUSINESS SERVICES,
LLC, THIRD-PARTY PLAINTIFF, V GALL & GALL COMPANY, INC., THIRD-PARTY DEFENDANT. |
Plaintiffs 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 Livingston on August 12, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Peter K. Skivington, Esq. sworn to November 11, 2010, the notice of motion with proof of service thereof, and the affidavit of James Balcarczyk, II, Esq. sworn to November 18, 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 February 14, 2011.
Entered: December 16, 2010
Patricia L. Morgan, Clerk