CARL BARTKOWIAK V MEDTRONIC, INC., MEDTRONIC SOFAMOR DANEK, NC., MEDTRONIC SOFAMOR DANEK, USA, INC., SPINAL GRAFT

CARL BARTKOWIAK V MEDTRONIC, INC., MEDTRONIC SOFAMOR DANEK, NC., MEDTRONIC SOFAMOR DANEK, USA, INC., SPINAL GRAFT

Motion No: CA 08-01746

Slip Opinion No: 2008 NYSlipOp 82278(U)

Decided on September 4, 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.

September 4, 2008

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

DOCKET NO. CA 08-01746

CARL BARTKOWIAK, PLAINTIFF-APPELLANT,
V
MEDTRONIC, INC., MEDTRONIC SOFAMOR DANEK, NC., MEDTRONIC
SOFAMOR DANEK, USA, INC., SPINAL GRAFT TECHNOLOGIES,
L.L.C., REGENERATION TECHNOLOGIES, INC.,
MERCY HOSPITAL OF BUFFALO, CATHOLIC HEALTH SYSTEM, INC.,
DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANT.

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 December 17, 2007,

Now, upon reading and filing the affirmation of Jeanne M. Vinal dated August 18, 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 and appellant shall perfect the appeal on or before November 3, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 4, 2008

JoAnn M. Wahl, Clerk