LYNN E. BARRY V FINGER LAKES REGIONAL HEALTH CENTER, INC., SOLDIERS & SAILORS HOSPITAL, JOHN D. KELLY BEHAVIORAL HEALTH
Motion No: CA 14-01758
Slip Opinion No: 2014 NY Slip Op 86645(U)
Decided on October 15, 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.


October 15, 2014

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

DOCKET NO. CA 14-01758

LYNN E. BARRY, PLAINTIFF-APPELLANT,

V

FINGER LAKES REGIONAL HEALTH CENTER, INC., SOLDIERS &

SAILORS HOSPITAL, JOHN D. KELLY BEHAVIORAL HEALTH CENTER,

DUNDEE FAMILY HEALTH CENTER, JANET LEWIS, M.D., DONNA FLADD,

NP, JOINTLY AND SEVERALLY, DEFENDANTS-RESPONDENTS.


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 Ontario on June 25, 2014, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Bryan S. Kornfield, Esq., dated September 24, 2014, the affidavit of Thomas C. Burke, Esq., sworn to September 24, 2014, the notices of motion with proof of service thereof, and the affidavit of Lynn E. Barry sworn to October 3, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 15, 2014.

Entered: October 15, 2014

Frances E. Cafarell, Clerk