Martinez v Murdock
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Martinez v Murdock
2013 NY Slip Op 07644
Released on November 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
1208 CA 13-00581
[*1]CIPRIANA MARTINEZ, PLAINTIFF-APPELLANT,
v
WILLIAM T. MURDOCK AND EMILY A. MURDOCK, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered January 7, 2013. The order, inter alia, granted those parts of the motion of defendants for an order compelling plaintiff to appear for a medical examination and affording defendants an extension of time in which to file any "dispositive motions".
LAW OFFICES OF MARC JONAS, UTICA (JASON D. FLEMMA OF COUNSEL), FOR PLAINTIFF-APPELLANT.
SANTACROSE & FRARY, ALBANY (ELISE CASSAR OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Released on November 15, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
1208 CA 13-00581
[*1]CIPRIANA MARTINEZ, PLAINTIFF-APPELLANT,
v
WILLIAM T. MURDOCK AND EMILY A. MURDOCK, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered January 7, 2013. The order, inter alia, granted those parts of the motion of defendants for an order compelling plaintiff to appear for a medical examination and affording defendants an extension of time in which to file any "dispositive motions".
LAW OFFICES OF MARC JONAS, UTICA (JASON D. FLEMMA OF COUNSEL), FOR PLAINTIFF-APPELLANT.
SANTACROSE & FRARY, ALBANY (ELISE CASSAR OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Same Memorandum as in Martinez v Murdock ([appeal No. 1] ___ AD3d ___ [Nov. 15, 2013]).
Entered: November 15, 2013
Frances E. Cafarell
Clerk of the Court
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