| JOSEPH F. GAGNON, JR. AND SHARON GAGNON V ST. JOSEPH'S HOSPITAL, THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, RICHARD |
| Motion No: CA 11-00343 |
| Slip Opinion No: 2011 NY Slip Op 67748(U) |
| Decided on March 22, 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, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00343
| JOSEPH F. GAGNON, JR. AND SHARON GAGNON,
PLAINTIFFS-APPELLANTS, V ST. JOSEPH'S HOSPITAL, THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, RICHARD KELLY, M.D., INDIVIDUALLY
AND AS AN OFFICER, AGENCY AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, DAVID ENG, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENCY
AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, CRAIG MONTGOMERY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENCY AND/OR EMPLOYEE OF ST.
JOSEPH'S HOSPITAL, DEFENDANTS-RESPONDENTS. |
Respondent Richard Kelly, M.D. having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 30, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joshua M. Gillette, Esq. sworn to February 17, 2011, the notice of motion with proof of service thereof, and the affidavit of Gustave J. DeTraglia, Jr., Esq. sworn to February 21, 2011, 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 May 23, 2011.
Entered: March 22, 2011
Patricia L. Morgan, Clerk