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

DOCKET NO. CA 14-01852

MARNIE T. SARDINO AND JOHN R. SARDINO, PLAINTIFFS-APPELLANTS, V SHANE M. SOPP, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF COMMUNITY GENERAL HOSPITAL, COMMUNITY GENERAL HOSPITAL, BY AND THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, GUILLERMO QUETELL, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT, AND/OR EMPLOYEE OF GUILLERMO QUETELL M.D., P.L.L.C., GUILLERMO QUETELL, M.D., P.L.L.C., BY AND THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, RICHARD A. CUTLER, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF NORTHERN SYRACUSE OB & GYN, DEFNDANTS-RESPONDENTS.

Respondents Guillermo Quetell, M.D., individually and as an officer, agent and/or employee of Guillermo Quetell, M.D., P.L.L.C., Guillermo Quetell, M.D., P.L.L.C., by and through its officers, agents and/or employees, Shane M. Sopp, M.D., individually and as an officer, agent and/or employee of Community General Hospital, and Community General Hospital, by and through its officers, agents and/or employees, 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 Onondaga on July 15, 2014, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of James H. Cosgriff, III, Esq., sworn to October 14, 2014, the affidavit of Christopher J. Lattuca, Esq., sworn to October 16, 2014, the notices of motion with proof of service thereof, and the affirmation of Adam P. Mastroleo, Esq., dated October 27, 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 9, 2014.

Entered: November 10, 2014

Frances E. Cafarell, Clerk