| BONNIE L. BURTON V MICHAEL T. SCIANO, M.D., ST. ELIZABETH MEDICAL CENTER, AND RITE AID OF N.Y., INC., DOING BUSINESS AS |
| Motion No: CA 12-02073 |
| Slip Opinion No: 2012 NY Slip Op 94151(U) |
| Decided on December 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 12-02073
| BONNIE L. BURTON, PLAINTIFF-APPELLANT, V MICHAEL T.
SCIANO, M.D., ST. ELIZABETH MEDICAL CENTER, AND RITE AID OF N.Y., INC., DOING BUSINESS AS RITE AID PHARMACY,
DEFENDANTS-RESPONDENTS. |
Respondents Rite Aid of N.Y., Inc., doing business as Rite Aid Pharmacy, 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 Oneida on August 17, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Laurence D. Behr, Esq., dated November 5, 2012, and November 29, 2012, the notice of motion with proof of service thereof, and the affirmation of Joseph S. Cote, III, Esq., dated November 15, 2012, 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 February 1, 2013.
Entered: December 19, 2012
Frances E. Cafarell, Clerk