JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF THE ESTATE OF MARIA V. LUPPINO, DECEASED V ACEA A. MOSEY, AS ADMINISTRATOR OF

JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF THE ESTATE OF MARIA V. LUPPINO, DECEASED V ACEA A. MOSEY, AS ADMINISTRATOR OF

Motion No: CA 11-02351

Slip Opinion No: 2012 NY Slip Op 82255(U)

Decided on August 16, 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.

August 16, 2012

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

DOCKET NO. CA 11-02351

JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF THE ESTATE OF
MARIA V. LUPPINO, DECEASED, PLAINTIFF-APPELLANT,
V
ACEA A. MOSEY, AS ADMINISTRATOR OF THE ESTATE OF
WILLIAM E. O'BRIEN, DECEASED, ET AL., DEFENDANTS,
CATHOLIC HEALTH SYSTEM, DEFENDANT-RESPONDENT.

Respondent 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 July 19, 2011,

Now, upon reading and filing the affidavit of James Balcarczyk, II, Esq., sworn to July 19, 2012, 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 August 30, 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 September 14, 2012.

Entered: August 16, 2012

Frances E. Cafarell, Clerk