KATHLEEN P. MUELLER, INDIVIDUALLY, AND AS ADMINISTRATRIX OF ESTATE OF NATALIE C. DRUZBIK, DECEASED V ELDERWOOD HEALTH
Motion No: NOS. CA 11-01755 AND CA 11-01756
Slip Opinion No: 2011 NY Slip Op 93928(U)
Decided on December 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.


December 27, 2011

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

DOCKET NOS. CA 11-01755 AND CA 11-01756

KATHLEEN P. MUELLER, INDIVIDUALLY, AND AS

ADMINISTRATRIX OF ESTATE OF NATALIE C. DRUZBIK, DECEASED,

PLAINTIFF-RESPONDENT,

V

ELDERWOOD HEALTH CARE AT OAKWOOD

AND OAKWOOD HEALTH CARE CENTER, INC.,

DEFENDANTS-APPELLANTS.


Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 1, 2010, and May 3, 2011,

Now, upon reading and filing the affidavit of Michael C. Scinta, Esq., sworn to December 13, 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 February 6, 2012, 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 February 21, 2012.

Entered: December 27, 2011

Frances E. Cafarell, Clerk