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Kubera v. Bartholomew

Appellate Division of the Supreme Court of the State of New York
Oct 30, 2017
2017 N.Y. Slip Op. 91239 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-01748

10-30-2017

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:

Respondent Thomas Burns, M.D. 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 affirmation of Jonathan H. Dominik, Esq., dated October 13, 2017, the notice of motion with proof of service thereof, and the affidavit of Edward J. Markarian, Esq., sworn to October 23, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, as it relates to respondent Thomas Burns, M.D., and the appeal is dismissed without further order unless the appeal is perfected on or before December 15, 2017.

Entered: October 30, 2017

Mark W. Bennett, Clerk


Summaries of

Kubera v. Bartholomew

Appellate Division of the Supreme Court of the State of New York
Oct 30, 2017
2017 N.Y. Slip Op. 91239 (N.Y. App. Div. 2017)
Case details for

Kubera v. Bartholomew

Case Details

Full title:DANIEL J. KUBERA, PLAINTIFF-APPELLANT, v. ANTHONY J. BARTHOLOMEW, M.D.…

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

Date published: Oct 30, 2017

Citations

2017 N.Y. Slip Op. 91239 (N.Y. App. Div. 2017)