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: 2012 NY Slip Op 66556(U)
Decided on March 5, 2012
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.


March 5, 2012

PRESENT: SMITH, J. P., FAHEY, PERADOTTO, CARNI, AND LINDLEY, 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.


Appellants having moved for an extension of time to file and serve a reply brief on the appeal 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 Amy Archer Flaherty, Esq., sworn to February 21, 2012, the notice of motion with proof of service thereof, and the affidavit of Michael C. Scinta, Esq., received February 23, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before March 9, 2012, and the Clerk is directed to accept the brief for filing.

Entered: March 5, 2012

Frances E. Cafarell, Clerk