| ONDREA CLARK V WILLIAM LOFTUS, M.D. AND LOFTUS & RYU, M.D.'S P.C. |
| Motion No: CA 17-01917 |
| Slip Opinion No: 2017 NY Slip Op 93181(U) |
| Decided on November 17, 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 17-01917
| ONDREA CLARK, PLAINTIFF-RESPONDENT, V WILLIAM LOFTUS, M.D. AND
LOFTUS & RYU, M.D.'S P.C., DEFENDANTS-APPELLANTS. |
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 Onondaga on August 22, 2017, on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Joshua M. Gillette, Esq., sworn to October 31, 2017, the affidavit of Daniel P. Laraby, Esq., sworn to November 7, 2017, and the notices of motion and cross motion with proof of service thereof, 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 January 16, 2018, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: November 17, 2017
Mark W. Bennett, Clerk