| 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 19-00402 |
| Slip Opinion No: 2019 NY Slip Op 65530(U) |
| Decided on March 13, 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 19-00402
| 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. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 20, 2018,
Now, upon reading and filing the papers with respect to the motion, 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 May 13, 2019.
Entered: March 13, 2019
Mark W. Bennett, Clerk