PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-01014

JESSICA RYAN, PLAINTIFF-APPELLANT, V HECTOR B. SANTANA, M.D. AND JAMES B. TURCHIK, M.D., DEFENDANTS-RESPONDENTS.

Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oswego on March 4, 2013, and for other relief, and

Respondents having separately cross-moved to dismiss the appeal for failure to perfect timely the appeal, and respondent James B. Turchik, M.D. having also cross-moved for costs, disbursements, and attorney's fees,

Now, upon reading and filing the statement of Joseph S. Cote, III, Esq., dated February 7, 2014, the affidavit of Joanne VanDyke, Esq., sworn to February 10, 2014, the affidavit of David Ryan sworn to February 9, 2014, the affidavit of Laurence F. Sovik, Esq., sworn to February 12, 2014, the affirmation of Jenna W. Klucsik, Esq., sworn to February 20, 2014, and the notices of motion and cross motions with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion is denied without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]), and

It is further ORDERED that respondents' cross motions are dismissed as unnecessary insofar as they seek to dismiss the appeal for failure to perfect timely the appeal, and

It is further ORDERED that the cross motion of respondent James B. Turchik, M.D. is denied insofar as it seeks costs, disbursements, and attorney's fees.

Entered: March 11, 2014

Frances E. Cafarell, Clerk