| MARGARITA ZULEY, M.D. V ELIZABETH WENDE BREAST CARE, LLC, WENDE LOGAN-YOUNG, M.D., STAMATIA DESTOUNIS, M.D., PHILIP |
| Motion No: CA 14-01129 |
| Slip Opinion No: 2014 NY Slip Op 78069(U) |
| Decided on July 11, 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 14-01129
| MARGARITA ZULEY, M.D., PLAINTIFF-APPELLANT, V
ELIZABETH WENDE BREAST CARE, LLC, WENDE LOGAN-YOUNG, M.D., STAMATIA DESTOUNIS, M.D., PHILIP MURPHY, M.D., POSY SEIFERT, D.O.
AND PATRICIA SOMERVILLE, M.D., DEFENDANTS-RESPONDENTS. |
Respondents Elizabeth Wende Breast Care, LLC, Stamatia Destounis, M.D., Philip Murphy, M.D., Posy Seifert, D.O. and Patricia Somerville, M.D. having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 24, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas F. Knab, Esq., sworn to June 23, 2014, the notice of motion with proof of service thereof, and the affidavit of Donald W. O'Brien, Jr., Esq., sworn to July 1, 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 9, 2014.
Entered: July 11, 2014
Frances E. Cafarell, Clerk