| TIMOTHY SHERMAN V ST. ELIZABETH MEDICAL CENTER AND KEVIN LAMPHERE, RN |
| Motion No: CA 15-01801 |
| Slip Opinion No: 2015 NY Slip Op 91013(U) |
| Decided on November 18, 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 15-01801
| TIMOTHY SHERMAN, PLAINTIFF-APPELLANT, V ST. ELIZABETH MEDICAL
CENTER AND KEVIN LAMPHERE, RN, 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 Oneida on July 8, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Anne-Jo Pennock McTague, Esq., sworn to October 23, 2015, and October 29, 2015, the affidavit of Matthew J. VanBeveren, Esq., sworn to October 23, 2015, the notice of motion with proof of service thereof, and the affidavits of Stephanie A. Palmer, Esq., dated November 5, 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 January 19, 2016.
Entered: November 18, 2015
Frances E. Cafarell, Clerk