| WILLIAM GUSTAFSON, AS ADMINISTRATOR DBN OF THE ESTATE OF BRUCE G. GUSTAFSON, DECEASED V PAUL C. DIPPERT, D.O. , AND |
| Motion No: NOS. CA 08-02595 AND CA 08-02596 |
| Slip Opinion No: 2009 NYSlipOp 69155(U) |
| Decided on April 7, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 08-02595 AND CA 08-02596
| WILLIAM GUSTAFSON, AS ADMINISTRATOR DBN OF THE ESTATE OF BRUCE G.
GUSTAFSON, DECEASED, PLAINTIFF-RESPONDENT, V PAUL C. DIPPERT, D.O., ET AL., DEFENDANTS, AND ANDREW J. STANSBERRY, R.P.A.,
DEFENDANT-APPELLANT. (APPEAL NO. 1.) WILLIAM GUSTAFSON, AS ADMINISTRATRIX DBN OF THE ESTATE OF BRUCE G. GUSTAFSON,
DECEASED, PLAINTIFF-RESPONDENT, V PAUL C. DIPPERT, D.O., ET AL., DEFENDANTS, ANDREW J. STANSBERRY, R.P.A., AND JEFFREY P.
STEINIG, M.D., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Appellants having moved for an extension of the stay previously granted by this Court on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 14, 2008 and November 20, 2008,
Now, upon reading and filing the affidavit of Melissa L. Zittel sworn to March 12, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to March 26, 2009, the reply affidavit of Melissa L. Zittel sworn to March 27, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that discovery is hereby stayed pending the hearing and determination of the appeals, on the condition that appellants perfect the appeals on or before April 30, 2009.
Memorandum: No further extensions of this stay will be granted.
Entered: April 7, 2009
Patricia L. Morgan, Deputy Clerk