| TIMOTHY WHITE V MEHTAB BAJWA, M.D. , ST. JOSEPH'S HOSPITAL, BRETT B. GREENKY, M.D., AND SYRACUSE ORTHOPEDIC |
| Motion No: CA 17-01390 |
| Slip Opinion No: 2017 NY Slip Op 83844(U) |
| Decided on August 21, 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 17-01390
| TIMOTHY WHITE, PLAINTIFF-APPELLANT, V MEHTAB BAJWA, M.D., ET
AL., DEFENDANTS, ST. JOSEPH'S HOSPITAL, BRETT B. GREENKY, M.D., AND SYRACUSE ORTHOPEDIC SPECIALISTS, P.C.,
DEFENDANTS-RESPONDENTS. |
Respondents Brett B. Greenky, M.D., and Syracuse Orthopedic Specialists, P.C., 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 Onondaga on January 24, 2017, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of James D. Lantier, Esq., sworn to July 26, 2017, the affidavit of Michael W. Harris, Esq., sworn to August 11, 2017, the notice of motion with proof of service thereof, and the affidavit of Robert J. Connor, Jr., Esq., sworn to August 14, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted, and the appeal, as it relates to Brett B. Greenky, M.D., and Syracuse Orthopedic Specialists, P.C., is dismissed without further order unless the appeal is perfected on or before October 20, 2017, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: August 21, 2017
Frances E. Cafarell, Clerk