| J.C. GOMEZ V ST. ELIZABETH MEDICAL CENTER |
| Motion No: CA 17-01615 |
| Slip Opinion No: 2018 NY Slip Op 65561(U) |
| Decided on February 26, 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. |
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,
Now, upon reading and filing the affidavit of Christine A. Sullivan, Esq., sworn to January 26, 2018, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is denied insofar as it seeks dismissal for failure to timely take the appeal on the ground that plaintiff's premature notice of appeal is deemed to be a timely and valid notice of appeal from the order entered July 11, 2017 (see CPLR 5520 [c]; Spano v County of Onondaga, 170 AD2d 974 [4th Dept 1991]), and
It is further ORDERED that the motion is granted insofar as it seeks dismissal for failure to perfect timely the appeal unless plaintiff perfects the appeal or before April 27, 2018.
Entered: February 26, 2018
Mark W. Bennett, Clerk