| ANDREW SMITH V ST. JOSEPH'S HOSPITAL HEALTH CENTER, SYRACUSE UNIVERSITY, AND CLARK PINSON |
| Motion No: CA 18-01183 |
| Slip Opinion No: 2018 NY Slip Op 81285(U) |
| Decided on August 22, 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: PERADOTTO, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
DOCKET NO. CA 18-01183
| ANDREW SMITH, PLAINTIFF-APPELLANT, V ST. JOSEPH'S HOSPITAL
HEALTH CENTER, SYRACUSE UNIVERSITY, AND CLARK PINSON, DEFENDANTS-RESPONDENTS. |
Respondents having moved, pursuant to CPLR 5511 and 5701, 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 May 29, 2018,
Now, upon reading and filing the affirmation of Niall H. Harding, Esq., dated June 29, 2018, the affirmation of Matthew J. Larkin, Esq., dated July 2, 2018, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the appeal is dismissed (see CPLR 5511; Capretto v City of Buffalo, 124 AD3d 1304, 1305-1306 [4th Dept 2014]; see also CPLR 5701 [a] [2] [viii]; Miller v Ludwig, 126 AD3d 1397, 1398 [4th Dept 2015]).
Entered: August 22, 2018
Mark W. Bennett, Clerk