| PAULA J. JOHNSON, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE TO THE ESTATE OF RUSSELL E. JOHNSON, DECEASED V MOHAMMAD |
| Motion No: CA 13-00510 |
| Slip Opinion No: 2013 NY Slip Op 70755(U) |
| Decided on April 15, 2013 |
| 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 13-00510
| PAULA J. JOHNSON, INDIVIDUALLY AND AS PERSONAL
REPRESENTATIVE TO THE ESTATE OF RUSSELL E. JOHNSON, DECEASED, PLAINTIFF-RESPONDENT, V MOHAMMAD AYYUB, M.D.,
WELLSVILLE RADIOLOGY, P.L.L.C., DEFENDANTS-APPELLANTS, JONES MEMORIAL HOSPITAL, ANDREW CALL, M.D., AND ST. JAMES
MERCY HEALTH SYSTEMS, INC, DEFENDANTS. |
Plaintiff-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 Allegany on October 4, 2012, on the ground that defendants-appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey A. Black, Esq., sworn to March 19, 2013, the notice of motion with proof of service thereof, and the affidavit of J. Mark Gruber, Esq., sworn to March 22, 2013, 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 June 14, 2013.
Entered: April 15, 2013
Frances E. Cafarell, Clerk