JOYCE A. GOETCHIUS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES J. GOETCHIUS, DECEASED V PERRY J. SPAVENTO
Motion No: CA 10-01936
Slip Opinion No: 2011 NY Slip Op 63788(U)
Decided on February 7, 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.


February 7, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 10-01936

JOYCE A. GOETCHIUS, INDIVIDUALLY AND AS EXECUTOR OF THE

ESTATE OF JAMES J. GOETCHIUS, DECEASED,

PLAINTIFF-APPELLANT,

V

PERRY J. SPAVENTO, M.D. AND MOUNT ST. MARY'S HOSPITAL OF

NIAGARA FALLS, DEFENDANTS-RESPONDENTS.


Respondent Perry J. Spavento, M.D. having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on June 22, 2010,

Now, upon reading and filing the affidavit of Tamsin J. Hager, Esq. sworn to January 25, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before February 22, 2011, 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 9, 2011.

Entered: February 7, 2011

Patricia L. Morgan, Clerk