| CATHERINE FLINT, ADMINISTRATOR OF THE GOODS CHATTELS AND CREDITS OF MARIE SMITH, DECEASED V ROBERT ZIELINSKI, M.D., - |
| Motion No: CA 14-01040 |
| Slip Opinion No: 2014 NY Slip Op 77123(U) |
| Decided on July 1, 2014 |
| 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 14-01040
| CATHERINE FLINT, ADMINISTRATOR OF THE GOODS CHATTELS
AND CREDITS OF MARIE SMITH, DECEASED, PLAINTIFF-APPELLANT, V ROBERT ZIELINSKI, M.D., DEFENDANT-RESPONDENT AND
SHAYMAL MOZUMDAR, M.D., DEFENDANT.. |
Respondent Robert Zielinski, M.D. 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 Niagara on February 13, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Mollie C. McGorry, Esq., sworn to June 10, 2014, the notice of motion with proof of service thereof, and the affirmation of Allison M. Bozinski, Esq., dated June 13, 2014, 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 September 2, 2014.
Entered: July 1, 2014
Frances E. Cafarell, Clerk