INTER-COMMUNITY MEMORIAL HOSPITAL OF NEWFANE, INCORPORATED AND INTEGRATED CARE SYSTEMS, LLC DOING BUSINESS AS NEWFANE
Motion No: CA 11-00538
Slip Opinion No: 2011 NY Slip Op 69204(U)
Decided on April 6, 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.


April 6, 2011

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.


Defendant-appellant Daniel Muskin having moved for an extension of time to perfect his 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,

Now, upon reading and filing the affirmation of Melissa A. Day, Esq. dated March 21, 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 to the extent that defendant-appellant Daniel Muskin shall perfect his appeal on or before May 24, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 6, 2011

Patricia L. Morgan, Clerk