| EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI |
| Motion No: CA 15-01053 |
| Slip Opinion No: 2015 NY Slip Op 82835(U) |
| Decided on August 25, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01053
| EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL
GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI SOUTHERN, INFANT, DECEASED, PLAINTIFF-APPELLANT, V SENZAN HSU, M.D.,
DEFENDANT-RESPONDENT, VICTOR C. MONEKE, M.D., DEFENDANT, AND CHILDREN'S HOSPITAL OF BUFFALO OF KALEIDA HEALTH,
DEFENDANT-RESPONDENT. |
Respondents having separately 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 April 9, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to July 20, 2015, the affidavit of Elizabeth G. Adymy, Esq., sworn to July 23, 2015, the notice of motion with proof of service thereof, and the affidavit of Eartha C. Southern sworn to August 20, 2015, 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 October 26, 2015.
Entered: August 25, 2015
Frances E. Cafarell, Clerk