Little v. Erie Cnty. Med. Ctr. Corp.

Full title: RICHARD LITTLE AND LINDA G. LITTLE, PLAINTIFFS-APPELLANTS, v. ERIE COUNTY…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 22, 2015

2015 N.Y. Slip Op. 94850 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-02070

12-22-2015

RICHARD LITTLE AND LINDA G. LITTLE, PLAINTIFFS-APPELLANTS, v. ERIE COUNTY MEDICAL CENTER CORPORATION, DEFENDANT-RESPONDENT, JOHN BELL-THOMSON, M.D., ET AL., DEFENDANTS, STEPHEN W. DOWNING, M.D., CARDIOVASCULAR AND THORACIC SURGERY OF WESTERN NEW YORK, PLLC, DEFENDANTS-RESPONDENTS.

SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

PRESENT:

Respondent Erie County Medical Center Corporation 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 August 28, 2015, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Elizabeth G. Adymy, Esq., sworn to December 9, 2015, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to December 10, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before February 22, 2016.

Entered: December 22, 2015

Frances E. Cafarell, Clerk