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

DOCKET NO. CA 09-01854

ERICA Y. DARRISAW, AS ADMINISTRATRIX OF THE ESTATE OF DOLORES N. SCHUYLER, PLAINTIFF-APPELLANT, V STRONG MEMORIAL HOSPITAL, A DIVISION OF THE UNIVERSITY OF ROCHESTER, AND JANE DOE, AN EMPLOYEE OF STRONG MEMORIAL HOSPITAL, DEFENDANTS-RESPONDENTS.

Erica Y. Darrisaw, As Administratrix of the Estate of Dolores N. Schuyler, having moved to be substituted for plaintiff and 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 Monroe on November 10, 2008, and respondents having cross-moved to dismiss the appeal as untimely,

Now, upon reading and filing the affidavit of John H. Beaumont sworn to September 10, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Christian C. Casini sworn to September 24, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of John H. Beaumont sworn to September 25, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, Erica Y. Darrisaw, As Administratrix of the Estate of Dolores N. Schuyler, is hereby substituted for plaintiff in this action, and appellant shall perfect the appeal on or before November 20, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the cross motion be, and the same hereby is, denied, and the notice of appeal is deemed to have been filed timely, nunc pro tunc (see CPLR 5520 [a]).

Entered: October 21, 2009

Patricia L. Morgan, Clerk