Opinion
DOCKET NO. CA 16-01952
11-07-2016
JOHN GUIDO AND SALLY GUIDO, PLAINTIFFS-APPELLANTS, v. COUNTY OF CAYUGA, JACKIE WOJESKI, RN, CAROL WALLACE, RN, "JANE" LITTY, RN, CPT. JOHN MACK, C.O. "JOHN" FLETCHER, SGT. "JOHN" PERKINS, PANGH LAY KOOI, MD., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. COUNTY OF CAYUGA, JACKIE WOJESKI, RN, CAROL WALLACE, RN, "JANE" LITTY, RN, CPT. JOHN MACK, C.O. "JOHN" FLETCHER, SGT. "JOHN" PERKINS, PANGH LAY KOOI, MD., THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. AUBURN COMMUNITY HOSPITAL, ET AL., THIRD-PARTY DEFENDANTS, PHILIP GOTTLIEB, MD, THIRD-PARTY DEFENDANT-RESPONDENT.
PRESENT:
Defendant's-respondents and third-party plaintiffs-respondents 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 Cayuga on July 29, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Charles C. Spagnoli, Esq., sworn to October 19, 2016, and November 2, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to October 25, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order, with respect to the defendants-respondents and third-party plaintiffs-respondents, unless the appeal is perfected on or before January 9, 2017.
Entered: November 7, 2016
Frances E. Cafarell, Clerk