LIONEL SWANSON, AN INFANT, BY AND THROUGH JENNIFER CHAFFEE, HIS PARENT AND NATURAL GUARDIAN, AND JENNIFER CHAFFEE
Motion No: CA 10-00044
Slip Opinion No: 2010 NY Slip Op 63459(U)
Decided on February 16, 2010
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.


February 16, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-00044

LIONEL SWANSON, AN INFANT, BY AND THROUGH JENNIFER CHAFFEE,

HIS PARENT AND NATURAL GUARDIAN, AND JENNIFER CHAFFEE,

INDIVIDUALLY, PLAINTIFF-RESPONDENT,

V

LOCKPORT MEMORIAL HOSPITAL, DEFENDANT,

MICHAEL A. TORRES, M.D., DEFENDANT-APPELLANT.


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 Niagara on September 4, 2009,

Now, upon reading and filing the affidavit of Helen Kaney Dempsey sworn to February 5, 2010, 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 March 15, 2010, 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 March 30, 2010.

Entered: February 16, 2010

Patricia L. Morgan, Clerk