IN THE MATTER OF JANET ARNOLD, JEFFREY BLOCK, JEROME JOHNSON, SANDRA MCMASTER, DENNIS MULLEN, BRUCE MUNGER AND LUIS
Motion No: CA 08-00743
Slip Opinion No: 2008 NYSlipOp 83923(U)
Decided on September 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.


September 23, 2008

PRESENT: HURLBUTT, J.P., CENTRA, LUNN, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 08-00743

IN THE MATTER OF JANET ARNOLD, JEFFREY BLOCK, JEROME

JOHNSON, SANDRA MCMASTER, DENNIS MULLEN, BRUCE MUNGER AND

LUIS RODRIGUEZ, PETITIONERS-APPELLANTS-RESPONDENTS,

V

ERIE COUNTY MEDICAL CENTER CORPORATION, ALAN ANTOS, STEVEN

BAJAK, AMANDA GENERAL, SEAN JABLONSKI, MATTHEW WHITE,

RESPONDENTS-APPELLANTS, COUNTY OF ERIE,

RESPONDENT-RESPONDENT.


Respondents-appellants having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 19, 2007,

Now, upon reading and filing the affidavit of Paul G. Joyce sworn to August 28, 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, the notice of appeal is treated as a request for permission to appeal, and permission is granted (see CPLR 5701 [c]), on the condition that respondents-appellants perfect the cross appeal on or before October 2, 2008, and

It is further ORDERED that the reply briefs, if any, shall be filed and served on or before October 17, 2008.

Entered: September 23, 2008

JoAnn M. Wahl, Clerk