| SUZETTE R. CARLIN AND GREG CARLIN V RAJNIKANT M. PATEL, M.D. NADEEM A. KHAN, M.D., ZAHEER U. BABAR, PHYSICIAN, P.C. AND |
| Motion No: CA 11-02226 |
| Slip Opinion No: 2011 NY Slip Op 91842(U) |
| Decided on December 5, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-02226
| SUZETTE R. CARLIN AND GREG CARLIN, PLAINTIFFS, V RAJNIKANT M.
PATEL, M.D., DEFENDANT-APPELLANT, NADEEM A. KHAN, M.D., ZAHEER U. BABAR, PHYSICIAN, P.C., DEFENDANTS, AND ZAHID M. CHOHAN, M.D.,
DEFENDANT-RESPONDENT. ZAHID M. CHOHAN, M.D., DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT, V MOHAMMAD SARWAR,
M.D., THIRD-PARTY DEFENDANT-APPELLANT. |
Defendant/third-party plaintiff-respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on August 9, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of J. Mark Gruber, Esq., dated October 31, 2011, and November 2, 2011, the notice of motion with proof of service thereof, and the affidavit of Nicole D. Schrieb, Esq., sworn to November 14, 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 February 2, 2012.
Entered: December 5, 2011
Patricia L. Morgan, Clerk