| KIRK HAUSER V ROCHESTER REGIONAL HEALTH, ROCHESTER GENERAL HOSPITAL,MINA OHM, ADRIAN LEIBOVICI, MARY MAROCCO, ROBERT |
| Motion No: CA 22-00232 |
| Slip Opinion No: 2023 NY Slip Op 71982(U) |
| Decided on August 17, 2023 |
| 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., LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 22-00232
| KIRK HAUSER, PLAINTIFF-APPELLANT, V ROCHESTER REGIONAL
HEALTH, ROCHESTER GENERAL HOSPITAL,MINA OHM, ADRIAN LEIBOVICI, MARY MAROCCO, ROBERT ROHAN, TONIA JONES, RYAN PERRUCCIO,
DEFENDANTS-RESPONDENTS. |
Plaintiff having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Monroe County, entered December 22, 2021,
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 denied.
Memorandum: The appeal was originally dismissed on July 10, 2022, upon the plaintiff's failure to perfect the appeal within six months of the date on the notice of appeal (see 22 NYCRR 1250.10 [a]). Pursuant to 22 NYCRR 1250.10 [c], plaintiff had one year after the appeal was originally dismissed, until July 10, 2023, to perfect the appeal. Despite obtaining multiple orders vacating dismissal of the appeal, the plaintiff never perfected the appeal. Even if the appeal was still procedurally viable, the plaintiff has failed to set forth an unanticipated or extraordinary excuse for failing to timely perfect the appeal.
Entered: August 17, 2023
Ann Dillon Flynn
Clerk of the Court