PATRICIA PAGE AND JAMES PAGE V NIAGARA FALLS MEMORIAL MEDICAL CENTER, - .
Motion No: CA 17-02160
Slip Opinion No: 2017 NY Slip Op 40084(U)
Decided on December 29, 2017
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.


December 29, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-02160

PATRICIA PAGE AND JAMES PAGE, PLAINTIFFS-RESPONDENTS,

V

NIAGARA FALLS MEMORIAL MEDICAL CENTER, DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


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 Niagara on August 29, 2017, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Rebecca M. Kujawa, Esq., dated December 14, 2017, the notice of motion with proof of service thereof, and the affidavit of Elizabeth G. Adymy, Esq., sworn to December 20, 2017, 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 February 27, 2018.

Entered: December 29, 2017

Mark W. Bennett, Clerk