| JAMES R. BYRNES V CLYDE SATTERLY, M.D. AND ELI LILLY AND COMPANY |
| Motion No: CA 10-02402 |
| Slip Opinion No: 2010 NY Slip Op 91843(U) |
| Decided on December 23, 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 10-02402
| JAMES R. BYRNES, PLAINTIFF-APPELLANT, V CLYDE SATTERLY, M.D.,
DEFENDANT-RESPONDENT, AND ELI LILLY AND COMPANY, DEFENDANT. |
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 Onondaga on August 31, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Danielle Mikalajunas Fogel, Esq. sworn to December 3, 2010, the notice of motion with proof of service thereof, and the affidavit of Frank A. Bersani, Jr., Esq. sworn to December 14, 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 22, 2011.
Entered: December 23, 2010
Patricia L. Morgan, Clerk