CHRISTINE ANDOLINA-STOVCSIK ALSO KNOWN AS CHRISTINA A. STOVCSIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF
Motion No: CA 12-00526
Slip Opinion No: 2012 NY Slip Op 83837(U)
Decided on September 10, 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.


September 10, 2012

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

DOCKET NO. CA 12-00526
DOCKET NO. CA 12-01073

CHRISTINE ANDOLINA-STOVCSIK ALSO KNOWN AS

CHRISTINA A. STOVCSIK, INDIVIDUALLY AND AS

ADMINISTRATRIX OF THE ESTATE OF MARY ANDOLINA

ALSO KNOWN AS MARY K. ANDOLINA, DECEASED,

PLAINTIFF-APPELLANT,

V

CONESUS LAKE NURSING HOME, LLC,

BRENDA ROBINSON, LPN,

BETHANY LEVEN, RN,

PAULETTE PFUNTER, LPN,

LINDA CLARK, RN,

BEVERLY FELDER, RN,

JENNIFER GRAHAM, MD AND

TRI-COUNTY FAMILY MEDICINE,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

CHRISTINE A. STOVCSIK, INDIVIDUALLY AND AS

ADMINISTRATRIX OF THE ESTATE OF MARY K. ANDOLINA,

DECEASED, PLAINTIFF-APPELLANT,

V

CONESUS LAKE NURSING HOME, LLC, ET AL.,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Livingston on October 18, 2011 (appeal No. 1), and May 2, 2012 (appeal No. 2),

Now, upon reading and filing the affidavit of Brian A. Goldstein, Esq., sworn to August 10, 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 insofar as it seeks an extension of time to perfect appeal No. 1 is granted and appellant shall perfect the appeal on or before October 10, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: September 10, 2012

Frances E. Cafarell, Clerk