| GILBERT H. ALLEN, AS ADMINISTRATOR OF ESTATE OF WARREN D. ALLEN, DECEASED, V KALEIDA HEALTH, DOING BUSINESS AS DEGRAFF |
| Motion No: CA 10-00181 |
| Slip Opinion No: 2010 NY Slip Op 65169(U) |
| Decided on March 2, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00181
| GILBERT H. ALLEN, AS ADMINISTRATOR OF ESTATE OF WARREN D. ALLEN,
DECEASED, PLAINTIFF-APPELLANT-RESPONDENT, V KALEIDA HEALTH, DOING BUSINESS AS DEGRAFF MEMORIAL HOSPITAL,
DEFENDANT-RESPONDENT-APPELLANT, NIAGARA LUTHERAN HOME AND REHABILITATION CENTER, INC., AND THE MCQUIRE GROUP, INDIVIDUALLY, AND
DOING BUSINESS AS NORTHGATE HEALTH CARE FACILITY, DEFENDANTS-RESPONDENTS. |
Defendant-respondent Kaleida Health having moved for an extension of time to file and serve a brief on the appeal taken by plaintiff-appellant from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 10, 2009, and for an extension of time to perfect its cross appeal,
Now, upon reading and filing the affidavit of Mark D. Arcara sworn to February 8, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on condition that the brief is filed and served on or before March 26, 2010, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is dismissed on the ground that the cross appeal is deemed abandoned and dismissed (see 22 NYCRR 1000.12[b]).
Entered: March 2, 2010
Patricia L. Morgan, Clerk