| MARY ANN WERNER V KALEIDA HEALTH |
| Motion No: CA 11-02456 |
| Slip Opinion No: 2011 NY Slip Op 93933(U) |
| Decided on December 27, 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 11-02456
| MARY ANN WERNER, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH,
DEFENDANT-APPELLANT. |
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 Erie on February 14, 2011,
Now, upon reading and filing the affidavit of Matthew J. Batt, Esq., sworn to December 6, 2011, and the notice of motion with proof of service thereof, 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 23, 2012.
Entered: December 27, 2011
Frances E. Cafarell, Clerk