| THE ESTATE OF JOSEPH ITALIANO, DECEASED, BY JOSEPH P. ITALIANO, EXECUTOR OF THE ESTATE OF JOSEPH ITALIANO V SALIL |
| Motion No: CA 10-02244 |
| Slip Opinion No: 2012 NY Slip Op 65768(U) |
| Decided on February 28, 2012 |
| 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, FAHEY, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 10-02244
| THE ESTATE OF JOSEPH ITALIANO, DECEASED, BY JOSEPH P. ITALIANO,
EXECUTOR OF THE ESTATE OF JOSEPH ITALIANO, PLAINTIFF-APPELLANT, V SALIL GUPTA, M.D., NEPHROLOGY HYPERTENSION ASSOCIATES
OF CNY, AND ST. JOSEPH'S HOSPITAL HEALTH CENTER, DEFENDANTS-RESPONDENTS. |
Appellant having moved to vacate dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 11, 2009 (denominated a motion for an extension of time to perfect the appeal),
Now, upon reading and filing the affidavit of Joseph P. Italiano sworn to December 27, 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 denied.
Entered: February 28, 2012
Frances E. Cafarell, Clerk