| JAMES LUPPINO SUCCESSOR ADMINISTRATOR OF THE ESTATE OF MARIA V. LUPPINO V WILLIAM E. O'BRIEN, M.D. , AND CATHOLIC |
| Motion No: CA 07-02704 |
| Slip Opinion No: 2008 NYSlipOp 66174(U) |
| Decided on March 10, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-02704
| JAMES LUPPINO SUCCESSOR ADMINISTRATOR OF THE ESTATE OF MARIA V. LUPPINO,
PLAINTIFF-RESPONDENT, V WILLIAM E. O'BRIEN, M.D., ET AL., DEFENDANTS, AND CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS KENMORE
MERCY HOSPITAL, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on
April 19, 2007,
Now, upon reading and filing the affidavit of James Balcarczyk, II sworn to
December 21, 2007, 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 and appellant shall perfect the appeal on or before May 9, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 10, 2008
JoAnn M. Wahl, Clerk