| DAVID GREEN AND CHRISTINE GREEN V WALTER HALL, M.D. DONALD J. BLASKIEWICZ, M.D. NEUROSURGICAL ASSOCIATES OF CENTRAL NEW |
| Motion No: CA 13-01005 |
| Slip Opinion No: 2013 NY Slip Op 79991(U) |
| Decided on July 17, 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
DOCKET NO. CA 13-01005
| DAVID GREEN AND CHRISTINE GREEN,
PLAINTIFFS-RESPONDENTS, V WALTER HALL, M.D., DEFENDANT, DONALD J. BLASKIEWICZ, M.D., DEFENDANT-APPELLANT,
NEUROSURGICAL ASSOCIATES OF CENTRAL NEW YORK, LLP, DEFENDANT. |
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 Onondaga on April 10, 2013, on the ground that the appeal was not timely taken,
Now, upon reading and filing the affirmation of Aaron J. Ryder, Esq., dated May 30, 2013, the notice of motion with proof of service thereof, the affirmation of Jonathan D. Hitsous, Esq., dated June 17, 2013, the affidavit of Joseph D. Callery, Esq., sworn to June 14, 2013, and the affidavit of Sandy M. Seymour sworn to June 17, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground it fails to demonstrate that the appeal was untimely taken.
Entered: July 17, 2013
Frances E. Cafarell, Clerk