PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00538

INTER-COMMUNITY MEMORIAL HOSPITAL OF NEWFANE, INCORPORATED AND INTEGRATED CARE SYSTEMS, LLC DOING BUSINESS AS NEWFANE REHABILITATION & HEALTH CARE CENTER, PLAINTIFFS-RESPONDENTS-APPELLANTS, V THE HAMILTON WHARTON GROUP, INC., WALTER B. TAYLOR, AS MANAGING DIRECTOR OF THE NEW YORK HEALTH CARE FACILITIES WORKERS' COMPENSATION TRUST AND INDIVIDUALLY, SAM HARTE, DANIEL MUSHKIN, AND TIMOTHY FERGUSON, DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS.

Plaintiff having moved for an extension of time to perfect their cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 20, 2010, and defendants The Hamilton Wharton Group, Inc. and Walter B. Taylor having cross-moved to extend their time to perfect their appeal from the aforementioned order,

Now, upon reading and filing the affidavit of David E. Gutowski, Esq. sworn to March 8, 2011, the affidavit of Brian Wisniewski, Esq. sworn to March 10, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that plaintiffs shall perfect their cross appeal on or before June 24, 2011, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order, and

It is further ORDERED that the cross motion is granted to the extent that The Hamilton Wharton Group, Inc. and Walter B. Taylor shall perfect their appeal on or before May 20, 2011 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 24, 2011

Patricia L. Morgan, Clerk