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 93500(U)
Decided on December 21, 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 21, 2011

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 a statement of 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, on the ground that appellant has failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of John P. Danieu, Esq., sworn to November 29, 2011, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted and the appeals are dismissed without costs.

Entered: December 21, 2011

Patricia L. Morgan, Clerk