| DANIEL MANCUSO, AS EXECUTOR OF THE ESTATE OF ROSE M. KIJ V KALEIDA HEALTH DOING BUSINESS AS MILLARD FILLMORE GATES |
| Motion No: CA 17-01811 |
| Slip Opinion No: 2018 NY Slip Op 69509(U) |
| Decided on April 9, 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 17-01811
| DANIEL MANCUSO, AS EXECUTOR OF THE ESTATE OF ROSE M. KIJ,
PLAINTIFF-RESPONDENT, V KALEIDA HEALTH DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANT THIRD-PARTY
PLAINTIFF-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO.1.) |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 17, 2017,
Now, upon reading and filing the affirmation of Michael J. Willett, Esq., dated March 26, 2018, 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 granted, on the condition that appellant perfects the appeal on or before June 8, 2018.
Entered: April 9, 2018
Mark W. Bennett, Clerk