Estate of Raymond A. Motta, Jr. v Phelps Memorial Hospital
Motion No: 2016-00643
Slip Opinion No: 2017 NY Slip Op 60086(U)
Decided on January 4, 2017
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M223665

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-00643

Estate of Raymond A. Motta, Jr., et al., appellants,

v Phelps Memorial Hospital, et al., respondents.

(Index No. 53173/12)

DECISION & ORDER ON MOTION

Motion by the respondents Phelps Memorial Hospital and Paul Cavaluzzi, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered January 5, 2016, for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal for failure to timely perfect is granted, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court