| KENNETH J. WILLIAMS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CHARLEE C. FETZNER, DECEASED V LATTIMORE |
| Motion No: CA 10-02240 |
| Slip Opinion No: 2011 NY Slip Op 62461(U) |
| Decided on January 25, 2011 |
| 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: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 10-02240
| KENNETH J. WILLIAMS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE
OF CHARLEE C. FETZNER, DECEASED, PLAINTIFF-APPELLANT, V LATTIMORE SURGICENTER, INC., ET AL., DEFENDANTS, JOHN D.
MARQUARDT, M.D. AND LATTIMORE ORTHOPAEDICS, P.C., DEFENDANTS-RESPONDENTS. |
Respondents having moved for an order striking appellant's appendix, requiring appellant to perfect the appeal on the full record, directing appellant to file and serve a new brief that cites to the record, extending respondents' time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 13, 2010, and for other relief,
Now, upon reading and filing the affidavit of Ann M. Campbell, Esq. sworn to December 6, 2010, the notice of motion with proof of service thereof, and the affirmation of Carl L. Feinstock, Esq. dated December 17, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as seeks to require appellant to perfect the appeal on the full record is granted to the extent that appellant may not proceed by the appendix method and must file 10 additional copies of the record with the Court and serve one additional copy of the record on respondents on or before February 24, 2011 or else the appeal is hereby dismissed without further order, and the Clerk shall accept the record for filing, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve respondents' briefs is granted to the extent that the briefs shall be filed and served on or before March 7, 2011, and the Clerk shall accept the briefs for filing, and
It is further ORDERED that the motion insofar as it seeks to amend the scheduling order is further granted to the extent that the appeal is removed from this Court's day calendar for March 1, 2011, and added to the calendar for the term of this Court commencing April 4, 2011, and
It is further ORDERED that the motion is otherwise denied.
Entered: January 25, 2011
Patricia L. Morgan, Clerk