| DEBORAH GDANIEC, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF JOSEPH F. DANIEC, DECEASED, V JOSEPH CORIGLIANO |
| Motion No: CA 08-01661 |
| Slip Opinion No: 2008 NYSlipOp 92874(U) |
| Decided on December 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. |
PRESENT: HURLBUTT, J.P., SMITH, FAHEY, GREEN, AND PINE, JJ.
DOCKET NO. CA 08-01661
| DEBORAH GDANIEC, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE
OF JOSEPH F. DANIEC, DECEASED, 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 file and serve their brief and 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,
Now, upon reading and filing the affidavit of John T. Loss sworn to December 10, 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 respondents-appellants shall perfect the cross-appeal and serve their brief on or before January 9, 2009 and, in the event of failure to so perfect, the cross-appeal is hereby dismissed without further order.
Entered: December 23, 2008
JoAnn M. Wahl, Clerk