Opinion
DOCKET NO. CA 13-01014
07-02-2013
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent James B. Turchik, M.D. having moved and respondent Hector B. Santana, M.D. having cross-moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Oswego on March 4, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jenna W. Klucsik, Esq., dated June 4, 2013, the affidavit of Laurence F. Sovik, Esq., sworn to June 10, 2013, the notices of motion and cross motion with proof of service thereof, and the affidavit of Joseph S. Cote, III, Esq., sworn to June 20, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 3, 2013.
Frances E. Cafarell, Clerk