| DEBORAH GDANIEC, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JOSEPH F. GDANIEC, V JOSEPH CORIGLIANO, D.O., AND |
| Motion No: CA 08-01661 |
| Slip Opinion No: 2008 NYSlipOp 80625(U) |
| Decided on August 18, 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, SMITH, CENTRA, AND LUNN, JJ.
DOCKET NO. CA 08-01661
| DEBORAH GDANIEC, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE
OF JOSEPH F. GDANIEC, PLAINTIFF-APPELLANT-RESPONDENT, V JOSEPH CORIGLIANO, D.O., AND BUFFALO MEDICAL GROUP, P.C.,
DEFENDANTS-RESPONDENTS-APPELLANTS. |
Respondents-appellants having moved for an extension of time to perfect the cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 2, 2007, and appellant-respondent having cross-moved to vacate dismissal of her appeal,
Now, upon reading and filing the affidavit of John T. Loss sworn to August 5, 2008, the notice of motion with proof of service thereof, the affirmation of Stephen C. Halpern dated August 6, 2008, the notice of cross-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 respondents-appellants shall perfect the cross appeal on or before December 16, 2008 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motion be, and the same hereby is, granted on condition that appellant-respondent perfect the appeal on or before October 17, 2008.
Entered: August 18, 2008
JoAnn M. Wahl, Clerk