| JEANETTE V. POREBA-GIER AND JOSEPH R. GIER V LOUBERT S. SUDDABY, M.D. |
| Motion No: CA 11-00068 |
| Slip Opinion No: 2011 NY Slip Op 67050(U) |
| Decided on March 11, 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00068
| JEANETTE V. POREBA-GIER AND JOSEPH R. GIER,
PLAINTIFFS-APPELLANTS, V LOUBERT S. SUDDABY, M.D., DEFENDANT-RESPONDENT. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 28, 2010,
Now, upon reading and filing the affirmation of Gerard A. Strauss, Esq. dated January 7, 2011, the notice of motion with proof of service thereof, and the affidavit of Katherine E. Wild, Esq. sworn to February 3, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted on the condition that appellants perfect the appeal on or before May 10, 2011.
Entered: March 11, 2011
Patricia L. Morgan, Clerk