| DARELYN CLAUSE, AS ADMINISTRATRIX OF THE ESTATE OF KYLE C. ATKINS V ERIE COUNTY MEDICAL CENTER , CHANDLER WILFONG, M.D. |
| Motion No: CA 16-00825 |
| Slip Opinion No: 2016 NY Slip Op 78955(U) |
| Decided on July 6, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00825
| DARELYN CLAUSE, AS ADMINISTRATRIX OF THE ESTATE OF KYLE C. ATKINS,
PLAINTIFF-APPELLANT, V ERIE COUNTY MEDICAL CENTER, ET AL., DEFENDANTS, CHANDLER WILFONG, M.D., VICTOR M. MARWIN, M.D., EDWARD
CHO, M.D., ANDREW MCCOY, M.D., DAWN M. OLSEN, D.O., AND BRIAN P. STROLLO, M.D.,
DEFENDANTS-RESPONDENTS. |
Appellant having moved to reargue defendants' motion to dismiss for failure to perfect timely the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 11, 2016,
Now, upon reading and filing the affirmation of Jarrod W. Smith, Esq., dated June 17, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: July 6, 2016
Frances E. Cafarell, Clerk