| DAVID PHILLIPS V BUFFALO HEART GROUP, LLP AND RICHARD JENNINGS, M.D. |
| Motion No: CA 17-00160 |
| Slip Opinion No: 2017 NY Slip Op 63795(U) |
| Decided on February 7, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-00160
| DAVID PHILLIPS, PLAINTIFF-APPELLANT, V BUFFALO HEART GROUP, LLP
AND RICHARD JENNINGS, 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 September 30, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Sally J. Broad, Esq., sworn to January 18, 2017, the notice of motion with proof of service thereof, and the affidavit of Theresa M. Walsh, Esq., sworn to February 1, 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 April 10, 2017.
Entered: February 7, 2017
Frances E. Cafarell, Clerk