SUZANN GROSS, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WILLIAM G. GROSS, M.D. (DECEASED) V HERTZ LOCAL EDITION
Motion No: CA 09-01622
Slip Opinion No: 2009 NY Slip Op 81574(U)
Decided on August 25, 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.


August 25, 2009

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

DOCKET NO. CA 09-01622

SUZANN GROSS, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE

OF WILLIAM G. GROSS, M.D. (DECEASED), PLAINTIFF-RESPONDENT,

V

HERTZ LOCAL EDITION CORP., AND

JIM CULLIGAN, INC., DEFENDANTS-APPELLANTS.


Appellants having moved for an extension of time to perfect the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 29, 2008,

Now, upon reading and filing the affidavit of Timothy J. Perry sworn to August 4, 2009, the affidavit of Norman B. Viti, Jr. sworn to August 10, 2009, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted and appellants shall perfect the appeals on or before October 26, 2009, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: August 25, 2009

Patricia L. Morgan, Clerk