| JENNIFER PIGUT, AS ADMINISTRATOR OF THE ESTATE OF LAWRENCE D. MCLELLAN, SR., DECEASED V DANIEL A. LEARY, M.D. , ABBOTT |
| Motion No: CA 09-00702 |
| Slip Opinion No: 2009 NY Slip Op 72422(U) |
| Decided on May 11, 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: HURLBUTT, J.P., MARTOCHE, CENTRA, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 09-00702
| JENNIFER PIGUT, AS ADMINISTRATOR OF THE ESTATE OF LAWRENCE D.
MCLELLAN, SR., DECEASED, PLAINTIFF-RESPONDENT, V DANIEL A. LEARY, M.D., ET AL., DEFENDANTS, ABBOTT ANESTHESIOLOGIST ASSOCIATES
AND GREGORY V. TOBIAS, M.D., DEFENDANTS-APPELLANTS. |
Respondent 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 October 10, 2008,
Now, upon reading and filing the affidavit of Brian P. Fitzgerald sworn to May 7, 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 May 15, 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 May 29, 2009.
Entered: May 11, 2009
Patricia L. Morgan, Clerk