| IN THE MATTER OF GROTON COMMUNITY HEALTH CARE CENTER, INC. V PHILLIP BEVIER |
| Motion No: CA 15-01753 |
| Slip Opinion No: 2015 NY Slip Op 89018(U) |
| Decided on October 26, 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 15-01753
| IN THE MATTER OF GROTON COMMUNITY HEALTH CARE CENTER, INC.,
PETITIONER-RESPONDENT, V PHILLIP BEVIER, RESPONDENT-APPELLANT. |
Appellant having moved for an extension of time to cure a defect in service of the notice of appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on November 7, 2014, and having moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavits of Elizabeth deV. Moeller, Esq., sworn to October 7, 2015, and October 13, 2015, the notice of motion with proof of service thereof, and the affidavit of Julian B. Modesti, Esq., sworn to October 22, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to cure the defect in service of the notice of appeal is granted, and the service of the notice of appeal is deemed cured by the service on all necessary parties on October 7, 2015, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before December 7, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 26, 2015
Frances E. Cafarell, Clerk