GILBERT H. ALLEN, AS ADMINISTRATOR OF THE ESTATE OF WARREN D. ALLEN, DECEASED, V KALEIDA HEALTH, DOING BUSINESS AS
Motion No: CA 10-00181
Slip Opinion No: 2010 NY Slip Op 75122(U)
Decided on June 22, 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.


June 22, 2010

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND PINE, JJ.

DOCKET NO. CA 10-00181

GILBERT H. ALLEN, AS ADMINISTRATOR OF THE 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.


Respondent The McGuire Group, individually and doing business as Northgate Health Care Facility, having moved, upon the return of an order to show cause, granted by the Honorable Rose H. Sconiers, for permission to file a late submission on the appeal from the order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 10, 2009,

Now, upon reading and filing the affidavit of Colleen K. Mattrey, Esq. sworn to June 9, 2010, said show cause order with proof of service thereof, the affidavit of Robert D. Steinhaus, Esq. sworn to June 11, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied as unnecessary.

Entered: June 22, 2010

Patricia L. Morgan, Clerk