| SANDRA A. MOHN V BRUMMITTE DALE WILSON, M.D. |
| Motion No: CA 13-01714 |
| Slip Opinion No: 2013 NY Slip Op 94714(U) |
| Decided on December 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-01714
| SANDRA A. MOHN, PLAINTIFF-APPELLANT, V BRUMMITTE
DALE WILSON, M.D., DEFENDANT-RESPONDENT. |
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 Erie on June 9, 2010, for failure to substitute the estate for the deceased plaintiff in a timely matter,
Now, upon reading and filing the affidavit of Marylou K. Roshia, Esq., sworn to September 13, 2013, and the notice of motion with proof of service thereof, 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 Ronald Mohn, individually and as natural guardian of Kaeli Mohn and Kelsi Mohn, shows cause on or before January 13, 2014, why the appeal should not be dismissed, by filing and serving on or before January 13, 2014, an affidavit setting forth facts sufficient to demonstrate why the appeal should not be dismissed, and
It is further ORDERED that dismissal of the appeal is further conditioned on defendant serving Ronald Mohn with a copy of this Court's order deciding this motion, with notice of entry, on or before December 20, 2013.
Entered: December 17, 2013
Frances E. Cafarell, Clerk