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 75049(U)
Decided on June 7, 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.


June 7, 2011

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.


Appellants having moved for an extension of time to perfect 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,

Now, upon reading and filing the affidavits of Gustave J. DeTraglia, Jr., Esq. sworn to May 3, 2011, and May 11, 2011, the notice of motion with proof of service thereof, and the affidavit of Andrew S. Horsfall, Esq. sworn to May 11, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed because the appeal was timely perfected.

Entered: June 7, 2011

Patricia L. Morgan, Clerk