| CAROLYN FLATTERY, INDIVIDUALLY, AND AS ATTORNEY-IN-FACT OF KEVIN FLATTERY V KAILASH C. LALL, M.D., JOHN N. BRACH, M.D. |
| Motion No: CA 10-02483 |
| Slip Opinion No: 2011 NY Slip Op 63772(U) |
| Decided on February 3, 2011 |
| 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 10-02483
| CAROLYN FLATTERY, INDIVIDUALLY, AND AS ATTORNEY-IN-FACT OF KEVIN
FLATTERY, PLAINTIFF-APPELLANT, V KAILASH C. LALL, M.D., JOHN N. BRACH, M.D., CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS MERCY
HOSPITAL OF BUFFALO, AND SOUTHTOWNS RADIOLOGY ASSOCIATES, LLC, 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 Erie on September 7, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Daniel K. Comerford, Esq. sworn to December 14, 2010, the affidavit of Sally J. Broad, Esq. sworn to December 17, 2010, the affidavit of Anthony F. Pegnia, Jr., Esq. sworn to December 27, 2010, the notices of motion with proof of service thereof, and the affidavit of Richard P. Valentine, Esq. sworn to January 19, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 4, 2011.
Entered: February 3, 2011
Patricia L. Morgan, Clerk