| CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY |
| Motion No: CA 16-01382 |
| Slip Opinion No: 2016 NY Slip Op 85680(U) |
| Decided on September 13, 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 16-01382
| CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA
BAITY, DECEASED, PLAINTIFF-APPELLANT, V BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, NELDA LAWLER, M.D., TERESA
CHAU, M.D., 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 Erie on June 7, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Paulette E. Ross, Esq., sworn to August 30, 2016, the notice of motion with proof of service thereof, the affirmation of Louis Rosado, Esq., dated September 8, 2016, and the affidavit of Adam C. Ferrandino, Esq., sworn to September 9, 2016, 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 November 14, 2016.
Entered: September 13, 2016
Frances E. Cafarell, Clerk