| JEFFREY WEBB V THOMAS S. SCANLON, M.D., FACP |
| Motion No: CA 14-02242 |
| Slip Opinion No: 2014 NY Slip Op 94615(U) |
| Decided on December 31, 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 14-02242
| JEFFREY WEBB, PLAINTIFF-APPELLANT, V THOMAS S.
SCANLON, M.D., FACP, DEFENDANT-RESPONDENT. |
Respondent 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 Erie on September 29, 2014, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered September 29, 2014,
Now, upon reading and filing the affirmation of J. Mark Gruber, Esq., dated December 12, 2014, the affidavit of Justin S. White, Esq., sworn to December 15, 2014, and the notices of motion and cross motion with proof of service thereof, 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 March 2, 2015, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: December 31, 2014
Frances E. Cafarell, Clerk