| DANIEL J. KUBERA V ANTHONY J. BARTHOLOMEW, M.D., BETH WLODAREK, RPA-C, G. JAY BISHOP, M.D., ANDREW J. LANDIS, M.D. |
| Motion No: CA 17-01748 |
| Slip Opinion No: 2017 NY Slip Op 91239(U) |
| Decided on October 30, 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-01748
| DANIEL J. KUBERA, PLAINTIFF-APPELLANT, V ANTHONY J.
BARTHOLOMEW, M.D., BETH WLODAREK, RPA-C, G. JAY BISHOP, M.D., ANDREW J. LANDIS, M.D., MEDICOR ASSOCIATES, INC., MEDICOR ASSOCIATES OF
CHAUTAUQUA, BROOKS MEMORIAL HOSPITAL, AND THOMAS BURNS, M.D., DEFENDANTS-RESPONDENTS. |
Respondent Thomas Burns, M.D. having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on July 5, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jonathan H. Dominik, Esq., dated October 13, 2017, the notice of motion with proof of service thereof, and the affidavit of Edward J. Markarian, Esq., sworn to October 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, as it relates to respondent Thomas Burns, M.D., and the appeal is dismissed without further order unless the appeal is perfected on or before December 15, 2017.
Entered: October 30, 2017
Mark W. Bennett, Clerk