DANIE ANN A. AND JAMES A., INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF THE INFANT, DANIEL A. V DAVID I. KURSS
Motion No: CA 07-02625
Slip Opinion No: 2008 NYSlipOp 61804(U)
Decided on January 23, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


January 23, 2008

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

DOCKET NO. CA 07-02625

DANIE ANN A. AND JAMES A., INDIVIDUALLY AND AS PARENTS AND

NATURAL GUARDIANS OF THE INFANT, DANIEL A.,

PLAINTIFFS-RESPONDENTS,

V

DAVID I. KURSS, M.D., DOING BUSINESS AS SUBURBAN OBSTETRICS

& GYNECOLOGY, DOING BUSINESS AS WOMEN'S WELLNESS CENTER OF

WESTERN NEW YORK, DEFENDANT-APPELLANT.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 13, 2007,

Now, upon reading and filing the affidavit of Richard P. Valentine sworn to

January 9, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before February 22, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before March 10, 2008.

Entered: January 23, 2008

JoAnn M. Wahl, Clerk