| FREDERICK INGUTTI AND MARY INGUTTI V ROCHESTER GENERAL HOSPITAL |
| Motion No: CA 13-00760 |
| Slip Opinion No: 2013 NY Slip Op 75283(U) |
| Decided on May 28, 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 13-00760
| FREDERICK INGUTTI AND MARY INGUTTI,
PLAINTIFFS-RESPONDENTS, V ROCHESTER GENERAL HOSPITAL,
DEFENDANT-APPELLANT. |
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 Monroe on September 8, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Paul G. Barden, Esq., dated April 25, 2013, the notice of motion with proof of service thereof, and the affidavit of Jennifer M. Schwartzott, Esq., sworn to May 10, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal has been perfected.
Entered: May 28, 2013
Frances E. Cafarell, Clerk