| 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 88658(U) |
| Decided on November 2, 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, 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 to vacate the dismissal of 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,
Now, upon reading and filing the affidavit of Joseph P. Italiano sworn to October 14, 2011, the notice of motion with proof of service thereof, and the affidavit of Brian M. Gargano, Esq., sworn to October 26, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before January 3, 2012.
Entered: November 2, 2011
Patricia L. Morgan, Clerk