SHARON H. LEARNED AND JAMES D. LEARNED V FAXTON-ST. LUKE'S HEALTHCARE, FAXTON-SUNSET-ST. LUKE'S HEALTHCARE CENTER
Motion No: CA 09-01620
Slip Opinion No: 2009 NY Slip Op 81579(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, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-01620

SHARON H. LEARNED AND JAMES D. LEARNED,

PLAINTIFFS-RESPONDENTS,

V

FAXTON-ST. LUKE'S HEALTHCARE,

FAXTON-SUNSET-ST. LUKE'S HEALTHCARE CENTER, INC.,

FAXTON-ST. LUKE'S HEALTHCARE ST. LUKE'S DIVISION, AND

MOHAWK VALLEY NETWORK, INC., DEFENDANTS-APPELLANTS.


Appellants having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 25, 2008,

Now, upon reading and filing the affidavit of Christina A. Porter sworn to August 4, 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 and appellant shall perfect the appeal on or before October 26, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 25, 2009

Patricia L. Morgan, Clerk