JOSEPH MORAN AND ROSE MARIE MORAN V JOSEPH L. MUSCARELLA, JR., D.O. , KALEIDA HEALTH, BUFFALO GENERAL HOSPITAL, MELINDA
Motion No: CA 10-01799
Slip Opinion No: 2011 NY Slip Op 69208(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: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 10-01799

JOSEPH MORAN AND ROSE MARIE MORAN, PLAINTIFFS-APPELLANTS,

V

JOSEPH L. MUSCARELLA, JR., D.O., ET AL., DEFENDANTS,

KALEIDA HEALTH, BUFFALO GENERAL HOSPITAL, MELINDA S.

BARONE, RNFA, SINISA MARKOVIC, M.D., AND BUFFALO ANESTHESIA

ASSOCIATES, P.C., DEFENDANTS-RESPONDENTS.


Respondents Kaleida Health, Buffalo General Hospital, and Melinda S. Barone, RNFA 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 Erie on May 19, 2010,

Now, upon reading and filing the affidavit of Katherine E. Wild, Esq. sworn to March 4, 2011, the notice of motion with proof of service thereof, and the affidavit of Stephanie S. Gelber, Esq. sworn to March 11, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as moot.

Entered: April 6, 2011

Patricia L. Morgan, Clerk