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 63774(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.


February 3, 2011

PRESENT: SCUDDER, P. J., SMITH, FAHEY, PERADOTTO, AND CARNI, JJ.

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.


Appellant having moved for permission to proceed as a poor person on 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, having moved for the disqualification of the Honorable John V. Centra, and having moved for other relief,

Now, upon reading and filing the affidavits of Joseph P. Italiano sworn to November 29, 2010, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are dismissed without prejudice to a motion to vacate dismissal pursuant to 22 NYCRR 1000.13 (g).

Entered: February 3, 2011

Patricia L. Morgan, Clerk