Opinion
DOCKET NO. CA 13-02010
11-22-2013
IN THE MATTER OF COUNTY OF NIAGARA, PETITIONER-PLAINTIFF- RESPONDENT, v. NIRAV R. SHAH, M.D., M.P.H., COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH AND NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS-DEFENDANTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner-plaintiff having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 1, 2013, on the ground that respondents-defendants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher E. Buckey, Esq., sworn to November 8, 2013, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq., dated November 13, 2013, 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 January 21, 2014.
Frances E. Cafarell, Clerk