Opinion
DOCKET NO. CA 17-01748
10-16-2017
DANIEL J. KUBERA, PLAINTIFF-APPELLANT, v. ANTHONY J. BARTHOLOMEW, M.D., BETH WLODAREK, RPA-C, G. JAY BISHOP, M.D., ANDREW J. LANDIS, M.D., MEDICOR ASSOCIATES, INC., MEDICOR ASSOCIATES OF CHAUTAUQUA, BROOKS MEMORIAL HOSPITAL, AND THOMAS BURNS, M.D., DEFENDANTS-RESPONDENTS.
PRESENT:
Respondents Anthony J. Bartholomew, M.D., Beth Wlodarek, RPA-C, G. Jay Bishop, M.D., Andrew J. Landis, M.D., Medicor Associates, Inc., Medicor Associates of Chautauqua, and Brooks Memorial Hospital having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on July 5, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas M. Lent, Esq., sworn to September 28, 2017, the affidavit of Katherine V. Markel, Esq., sworn to September 29, 2017, the affidavit of Linda C. Laing, Esq., sworn to September 29, 2017, the notice of motion with proof of service thereof, and the affidavits of Edward J. Markarian, Esq., sworn to October 10, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, as it relates to respondents Anthony J. Bartholomew, M.D., Beth Wlodarek, RPA-C, G. Jay Bishop, M.D., Andrew J. Landis, M.D., Medicor Associates, Inc., Medicor Associates of Chautauqua, and Brooks Memorial Hospital, and the appeal is dismissed without further order unless the appeal is perfected on or before December 15, 2017.
Entered: October 16, 2017
Mark W. Bennett, Clerk