| THE ESTATE OF JOSEPH ITALIANO, DECEASED, BY JOSEPH P. ITALIANO, EXECUTOR OF THE ESTATE OF JOSEPH ITALIANO V SALIL |
| Motion No: CA 10-02244 |
| Slip Opinion No: 2011 NY Slip Op 63773(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. |
DOCKET NO. CA 10-02244
| THE ESTATE OF JOSEPH ITALIANO, DECEASED, BY JOSEPH P. ITALIANO,
EXECUTOR OF THE ESTATE OF JOSEPH ITALIANO, PLAINTIFF-APPELLANT, V SALIL GUPTA, M.D., NEPHROLOGY HYPERTENSION ASSOCIATES
OF CNY, AND ST. JOSEPH'S HOSPITAL HEALTH CENTER, 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 December 11, 2009, on the ground that appellant has failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affidavit of Brian M. Gargano, Esq. sworn to November 9, 2010, the affirmation of Paul M. Hanrahan, Esq. dated November 12, 2010, the notices of motion with proof of service thereof, and the affidavit of Joseph P. Italiano sworn to November 29, 2010,
It is hereby ORDERED that the motions are dismissed as unnecessary (see 22 NYCRR 1000.12 [b]).
Entered: February 3, 2011
Patricia L. Morgan, Clerk