| WILLIAM G. SWAVELY, AS EXECUTOR OF THE ESTATE OF LORRAINE M. SWAVERLY, DECEASED V ZHANDONG ZHOU, M.D., AND CARDIAC |
| Motion No: CA 10-02280 |
| Slip Opinion No: 2010 NY Slip Op 91727(U) |
| Decided on December 20, 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 10-02280
| WILLIAM G. SWAVELY, AS EXECUTOR OF THE ESTATE OF LORRAINE M.
SWAVERLY, DECEASED, PLAINTIFF-APPELLANT, V ZHANDONG ZHOU, M.D., AND CARDIAC SURGERY ASSOCIATES OF CNY, P.C.,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Onondaga on August 24, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Brian M. Gargano, Esq. sworn to November 12, 2010, the notice of motion with proof of service thereof, and the affidavit of Robert E. Lahm, Esq. sworn to November 17, 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 18, 2011.
Entered: December 20, 2010
Patricia L. Morgan, Clerk