Opinion
DOCKET NO. CA 14-00439 DOCKET NO. CA 14-00440
04-16-2014
JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF THE ESTATE OF MARIA v. LUPPINO, DECEASED, PLAINTIFF-APPELLANT, v. ACEA M. MOSEY, AS ADMINISTRATOR OF THE ESTATE OF WILLIAM E. O'BRIEN, M.D., DECEASED, ET AL., DEFENDANTS, AND CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS KENMORE MERCY HOSPITAL, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF THE ESTATE OF MARIA v. LUPPINO, DECEASED, PLAINTIFF-APPELLANT, v. ACEA M. MOSEY, AS ADMINISTRATOR OF THE ESTATE OF WILLIAM E. O'BRIEN, M.D., DECEASED, ET AL., DEFENDANTS, AND CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS KENMORE MERCY HOSPITAL, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 23, 2013, on the ground that appellant failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Claire F. Galbraith, Esq., sworn to February 27, 2014, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated April 4, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before June 16, 2014.
Frances E. Cafarell, Clerk