| DANA PROUDFOOT V JOSEPH M. MISITI, M.D. |
| Motion No: NOS. CA 11-02033 AND CA 11-02175 |
| Slip Opinion No: 2011 NY Slip Op 88606(U) |
| Decided on October 28, 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 11-02033 AND CA 11-02175
| DANA PROUDFOOT, PLAINTIFF-APPELLANT, V JOSEPH M. MISITI, M.D.,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeals taken herein from a judgment and statement for judgment of the Supreme Court entered in the Office of the Clerk of the County of Orleans on August 17, 2011, and August 19, 2011, for failure to take timely an appeal,
Now, upon reading and filing the affidavit of John P. Danieu, Esq., sworn to October 5, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 28, 2011
Patricia L. Morgan, Clerk