| SHARON OCCHINO AND FREDERICK OCCHINO V X. CYNTHIA FAN, M.D., PH.D. AND WINDSONG RADIOLOGY, P.C. |
| Motion No: CA 15-01487 |
| Slip Opinion No: 2016 NY Slip Op 86288(U) |
| Decided on September 20, 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 15-01487
| SHARON OCCHINO AND FREDERICK OCCHINO, PLAINTIFFS-APPELLANTS,
V X. CYNTHIA FAN, M.D., PH.D. AND WINDSONG RADIOLOGY, P.C., DEFENDANTS-RESPONDENTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 22, 2015,
Now, upon reading and filing the affidavit of Michael J. Skoney, Esq., sworn to August 31, 2016, the notice of motion with proof of service thereof, and the affidavit of Tomas J. Callocchia, Esq., sworn to September 12, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before November 21, 2016.
Entered: September 20, 2016
Frances E. Cafarell, Clerk