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

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

Motion No: CA 08-01746

Slip Opinion No: 2009 NYSlipOp 62839(U)

Decided on February 2, 2009

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.

February 2, 2009

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, INC., 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.

Respondents Mercy Hospital of Buffalo and Catholic Health Systems, Inc. having moved for an extension of time to file and serve a brief on 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 affidavit of Amy Archer Flaherty sworn to January 21, 2009, 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 February 20, 2009, 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 March 9, 2009.

Entered: February 2, 2009

JoAnn M. Wahl, Clerk