| DANIEL E. WASCAK, INDIVIDUALLY AND AS LIMITED ADMINISTRATOR OF THE ESTATE OF HEATHER M. WASCAK, DECEASED V ANDREW BAIN |
| Motion No: CA 17-01531 |
| Slip Opinion No: 2017 NY Slip Op 85864(U) |
| Decided on September 11, 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: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-01531
| DANIEL E. WASCAK, INDIVIDUALLY AND AS LIMITED ADMINISTRATOR OF THE
ESTATE OF HEATHER M. WASCAK, DECEASED, PLAINTIFF-RESPONDENT, V ANDREW BAIN, M.D.,
DEFENDANT-APPELLANT. |
Respondent 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 January 30, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Jeffrey A. Black, Esq., sworn to August 21, 2017, the notice of motion with proof of service thereof, and the affidavit of Nicholas A. Romano, Esq., sworn to September 8, 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 November 13, 2017.
Entered: September 11, 2017
Frances E. Cafarell, Clerk