MARCIA A. WILD, THOMAS F. HORN, AS CO-EXECUTORS OF THE ESTATE OF MARGUERITE HORN, DECEASED AND JOSEPH HORN V BUFFALO
Motion No: CA 10-01418
Slip Opinion No: 2010 NY Slip Op 88188(U)
Decided on November 15, 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.


November 15, 2010

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

DOCKET NO. CA 10-01418

MARCIA A. WILD, THOMAS F. HORN, AS CO-EXECUTORS OF THE

ESTATE OF MARGUERITE HORN, DECEASED AND

JOSEPH HORN, PETITIONERS-RESPONDENTS,

V

BUFFALO EMERGENCY ASSOCIATES, LLP AND

RAQUEL MARTIN, M.D., DEFENDANTS-APPELLANTS,

CATHOLIC HEALTH SYSTEM,

WESTERN NEW YORK CARDIO-THORACIC SURGERY, LLC,

STEPHEN DOWNING, M.D.,

STEPHEN DOWNING, M.D., PLLC, AND

ANANDARAM HERLE, M.D., DEFENDANTS.


Appellants having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 6, 2010,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq. sworn to October 18, 2010, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq. dated October 29, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered September 22, 2010, is hereby amended by deleting the date November 1, 2010, and inserting in its place the date December 1, 2010.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: November 15, 2010

Patricia L. Morgan, Clerk