| J.C. GOMEZ V ST. ELIZABETH MEDICAL CENTER |
| Motion No: CA 17-01615 |
| Slip Opinion No: 2017 NY Slip Op 88166(U) |
| Decided on October 2, 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 17-01615
| J.C. GOMEZ, PLAINTIFF-APPELLANT, V ST. ELIZABETH MEDICAL CENTER,
DEFENDANT-RESPONDENT. |
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 Oneida on July 11, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christine A. Sullivan, Esq., sworn to September 8, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.12 [a]).
Entered: October 2, 2017
Mark W. Bennett, Clerk