JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF THE ESTATE OF MARIA V. LUPPINO, DECEASED V WILLIAM E. O'BRIEN, M.D. , AND
Motion No: NOS. CA 07-02704 AND CA 08-00776
Slip Opinion No: 2008 NYSlipOp 85831(U)
Decided on October 6, 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.


October 6, 2008

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

DOCKET NOS. CA 07-02704 AND CA 08-00776

JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF THE ESTATE OF

MARIA V. LUPPINO, DECEASED, PLAINTIFF-RESPONDENT,

V

WILLIAM E. O'BRIEN, M.D., ET AL., DEFENDANTS, AND

CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS KENMORE MERCY

HOSPITAL, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)


Respondent having moved for an extension of time to file and serve a brief on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 19, 2007 and March 27, 2008,

Now, upon reading and filing the affirmation of Debra A. Norton dated September 5, 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 October 28, 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 November 12, 2008.

Entered: October 6, 2008

JoAnn M. Wahl, Clerk