| MARGUERITE JAMES V DAVID WORMUTH, M.D. AND CNY THORACIC SURGERY, P.C. |
| Motion No: NOS. CA 11-00813 AND CA 11-00814 |
| Slip Opinion No: 2011 NY Slip Op 76457(U) |
| Decided on June 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 NOS. CA 11-00813 AND CA 11-00814
| MARGUERITE JAMES, PLAINTIFF-APPELLANT, V DAVID WORMUTH, M.D.
AND CNY THORACIC SURGERY, P.C., DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 11, 2011, and January 19, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Daniel P. Laraby, Esq. sworn to May 25, 2011, the notice of motion with proof of service thereof, and the affidavit of Woodruff Lee Carroll, Esq. sworn to May 31, 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 August 22, 2011.
Entered: June 22, 2011
Patricia L. Morgan, Clerk