ERICA L. NIEMANN AND DANIEL ELLIS, AS CO-ADMINISTRATORS OF THE ESTATE OF TIMOTHY W. NIEMANN, DECEASED V ST. JOSEPH'S
Motion No: CA 11-00662
Slip Opinion No: 2011 NY Slip Op 74375(U)
Decided on May 27, 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.


May 27, 2011

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, GREEN, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00662

ERICA L. NIEMANN AND DANIEL ELLIS, AS CO-ADMINISTRATORS OF

THE ESTATE OF TIMOTHY W. NIEMANN, DECEASED,

PLAINTIFFS-APPELLANTS,

V

ST. JOSEPH'S HOSPITAL HEALTH CENTER, RONALD CAPUTO, M.D.,

SJH CARDIOLOGY ASSOCIATES, DEFENDANTS-RESPONDENTS, ET AL.,

DEFENDANTS.


Respondents Ronald Caputo, M.D. and SJH Cardiology Associates 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 Onondaga on January 11, 2011,

Now, upon reading and filing the affidavit of Brian M. Gargano, Esq. sworn to April 22, 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 June 20, 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 July 5, 2011.

Entered: May 27, 2011

Patricia L. Morgan, Clerk