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 89226(U)
Decided on October 22, 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.


October 22, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, 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 appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Aaron J. Ryder, Esq., dated September 19, 2013, the notice of motion with proof of service thereof, and the affirmation of Jonathan D. Hitsous, Esq., dated September 24, 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 December 23, 2013.

Entered: October 22, 2013

Frances E. Cafarell, Clerk