| IN THE MATTER OF THE APPLICATION OF JAMES D. DUSCH, CLAIMANT-, FOR PERMISSION TO SERVE AND FILE A LATE NOTICE OF CLAIM |
| Motion No: CA 19-00026 |
| Slip Opinion No: 2019 NY Slip Op 63775(U) |
| Decided on February 21, 2019 |
| 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: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 19-00026
| IN THE MATTER OF THE APPLICATION OF JAMES D. DUSCH,
CLAIMANT-APPELLANT, FOR PERMISSION TO SERVE AND FILE A LATE NOTICE OF CLAIM AS REQUIRED BY LAW UPON ERIE COUNTY MEDICAL
CENTER AND ERIE COUNTY MEDICAL CENTER CORPORATION, RESPONDENTS. |
Respondents 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 Erie on December 4, 2018, on the ground that no appeal lies from an order denying a motion to reargue,
Now, upon reading and filing the affidavit of Stephan A. Manuel, Esq., sworn to January 8, 2019, 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 and the appeal is dismissed (see Gilewicz v Brylin Hosp., 162 AD3d 1585, 1586 [4th Dept 2018]).
Entered: February 21, 2019
Mark W. Bennett, Clerk