| THOMAS P. JOUSMA AND ELLENE PHUFAS-JOUSMA V DR. VENKATESWARA R. KOLLI AND KALEIDA HEALTH DOING BUSINESS AS DEGRAFF |
| Motion No: CA 16-01355 |
| Slip Opinion No: 2016 NY Slip Op 82882(U) |
| Decided on August 18, 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 16-01355
| THOMAS P. JOUSMA AND ELLENE PHUFAS-JOUSMA,
PLAINTIFFS-RESPONDENTS, V DR. VENKATESWARA R. KOLLI AND KALEIDA HEALTH DOING BUSINESS AS DEGRAFF MEMORIAL HOSPITAL,
DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 2, 2016, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Carey C. Beyer, Esq., sworn to August 3, 2016, the notice of motion with proof of service thereof, the affirmation of Victor Alan Oliveri, Esq., dated August 5, 2016, and the affidavit of Elizabeth G. Adymy, Esq., sworn to August 11, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before September 19, 2016.
Entered: August 18, 2016
Frances E. Cafarell, Clerk