| JENNIFER TOMASCHOW, INDIVIDUALLY AND AS ADMINISTRATRIX OF ESTATE OF SUSAN M. PLAKE V ST. JAMES MERCY HEALTH SYSTEM |
| Motion No: CA 18-00121 |
| Slip Opinion No: 2018 NY Slip Op 62809(U) |
| Decided on January 31, 2018 |
| 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. |
DOCKET NO. CA 18-00121
| JENNIFER TOMASCHOW, INDIVIDUALLY AND AS ADMINISTRATRIX OF ESTATE
OF SUSAN M. PLAKE, PLAINTIFF-RESPONDENT, V ST. JAMES MERCY HEALTH SYSTEM, ET AL., DEFENDANTS, SHARON L. SMITH, R.N.,
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 Steuben on July 12, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael J. Hutter, Esq., dated January 18, 2018, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: January 31, 2018
Mark W. Bennett, Clerk