| JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF ESTATE OF MARIA V. LUPPINO, DECEASED V ACEA A. MOSEY, AS ADMINISTRATOR OF THE |
| Motion No: CA 11-02351 |
| Slip Opinion No: 2011 NY Slip Op 93495(U) |
| Decided on December 20, 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 NO. CA 11-02351
| JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF ESTATE OF MARIA V.
LUPPINO, DECEASED, PLAINTIFF-APPELLANT, V ACEA A. MOSEY, AS ADMINISTRATOR OF THE ESTATE OF WILLIAM E. O'BRIEN, M.D.,
DECEASED, DANIEL S. CAMARA, M.D., JAMES PISCATELLI, M.D., RAMESH LUTHER, M.D., DIGESTIVE HEALTH PHYSICIANS, CATHOLIC HEALTH
SYSTEM DOING BUSINESS AS KENMORE MERCY HOSPITAL, DEFENDANTS-RESPONDENTS. |
Respondent Catholic Health System doing business as Kenmore Mercy Hospital 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 Erie on July 19, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of James E. Balcarczyk, Esq., sworn to November 17, 2011, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated December 16, 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 21, 2012.
Entered: December 20, 2011
Patricia L. Morgan, Clerk