PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NO. CA 07-02236

THE ESTATE OF PAULINE HORTMON, BY ADMINISTRATOR, SIDNEY L. WILLIAMS, PLAINTIFF-APPELLANT, V MILLARD FILLMORE HEALTH SYSTEM (KALEIDA HEALTH SYSTEMS) AND DOORWAY RUG SERVICES, DEFENDANTS-RESPONDENTS.

Respondents having moved to dismiss the appeal taken from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on June 18, 2007, on the ground, inter alia, that the notice of appeal does not designate the Court to which the appeal is taken, and appellant having cross-moved to amend the notice of appeal and for other relief,

Now, upon reading and filing the affirmation of John J. Quackenbush dated October 19, 2007, the affidavit of Amy Archer Flaherty sworn to October 30, 2007, the notices of motion with proof of service thereof, the opposing affirmation of Barbara M. Sims dated

November 2, 2007, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before January 28, 2008, and the motions are otherwise denied, and

It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the notice of appeal is deemed amended so as to designate this Court as the Court to which the appeal is taken (see Matter of Baker, 149 AD2d 986 [1989]), and the cross motion is otherwise dismissed as unnecessary.

Entered: November 28, 2007

JoAnn M. Wahl, Clerk