FRED A. JACOBS V THE UNIVERSITY OF ROCHESTER, STRONG MEMORIAL HOSPITAL, AND DONALD P.K. CHANG, M.D.
Motion No: CA 12-00866
Slip Opinion No: 2012 NY Slip Op 74767(U)
Decided on May 30, 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.


May 30, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 12-00866

FRED A. JACOBS, PLAINTIFF-APPELLANT,

V

THE UNIVERSITY OF ROCHESTER,

STRONG MEMORIAL HOSPITAL, AND

DONALD P.K. CHANG, M.D.,

DEFENDANTS-RESPONDENTS.


Respondents 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 Herkimer on January 19, 2012, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal and for other relief,

Now, upon reading and filing the affidavit of Ann M. Campbell, Esq., sworn to May 9, 2012, the affirmation of Willard R. Pratt, III, Esq., dated May 22, 2012, and the notices of motion and cross motion, with proof of service thereof, 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 July 30, 2012, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: May 30, 2012

Frances E. Cafarell, Clerk