| TIMOTHY FORD V CARDIOVASCULAR SPECIALISTS, P.C., DOING BUSINESS AS NEW YORK HEART CENTER |
| Motion No: CA 12-00907 |
| Slip Opinion No: 2012 NY Slip Op 76695(U) |
| Decided on June 19, 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 12-00907
| TIMOTHY FORD, PLAINTIFF-RESPONDENT, V CARDIOVASCULAR
SPECIALISTS, P.C., DOING BUSINESS AS NEW YORK HEART CENTER, DEFENDANT-APPELLANT. |
Respondent having moved to disqualify appellant's counsel and to dismiss 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 12, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of John A. Cirando, Esq., sworn to May 15, 2012, and May 25, 2012, the notice of motion with proof of service thereof, and the affirmation of Stewart L. Weisman, Esq,. dated May 24, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to disqualify appellant's counsel is denied with respect to this particular appeal, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 20, 2012.
Entered: June 19, 2012
Frances E. Cafarell, Clerk