ANTHONY CHAVIS V SYRACUSE COMMUNITY HEALTH CENTER, INC. , AND PASQUALE SCUTARI, JR., D.D.S., INDIVIDUALLY AND DOING
Motion No: CA 11-02292
Slip Opinion No: 2011 NY Slip Op 92348(U)
Decided on December 9, 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.


December 9, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-02292

ANTHONY CHAVIS, PLAINTIFF-RESPONDENT,

V

SYRACUSE COMMUNITY HEALTH CENTER, INC., ET AL., DEFENDANTS,

AND PASQUALE SCUTARI, JR., D.D.S., INDIVIDUALLY AND DOING

BUSINESS AS VITKUS & SCUTARI D.D.S., P.C.,

DEFENDANT-APPELLANT.


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 Onondaga on August 5, 2011, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of James E. Reid, Esq., dated November 3, 2011, the notice of motion with proof of service thereof, and the affidavit of Ashley D. Hayes, Esq., sworn to November 21, 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 January 13, 2012.

Entered: December 9, 2011

Patricia L. Morgan, Clerk