| CHARLES BARONE, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF DONNA MARIE BARONE, DECEASED V HARTWIG BOEPPLE, M.D. |
| Motion No: CA 12-00303 |
| Slip Opinion No: 2012 NY Slip Op 66534(U) |
| Decided on March 2, 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, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00303
| CHARLES BARONE, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF
DONNA MARIE BARONE, DECEASED, PLAINTIFF-RESPONDENT, V HARTWIG BOEPPLE, M.D., PULMONARY GROUP OF WESTERN NEW YORK,
DEFENDANTS. PAUL WILLIAM BELTZ, P.C., 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 Erie on November 23, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Robert B. Nichols, Esq., sworn to February 9, 2012, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated February 24, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature.
Entered: March 2, 2012
Frances E. Cafarell, Clerk