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

DOCKET NO. CA 12-01808

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department DIONNE WALLACE, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH AND MAHMOUD KULAYLAT, M.D., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A SURGICAL SPECIALIST FOR KALEIDA HEALTH, DEFENDANTS-APPELLANTS.

Respondent having moved for an extension of time to file and serve a brief and to expedite the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 15, 2012, and

Appellant Kaleida Health having cross-moved for a stay of further proceedings pending the hearing and determination of the appeal taken from the order entered March 15, 2012,

Now, upon reading and filing the affirmations of Lisa A. Poch, Esq., dated October 11, 2012, and October 25, 2012, the affirmation of Robert C. Weissflach, Esq., dated October 24, 2012, the notices of motion and cross motion with proof of service thereof, and the affirmation of James R. Grasso, Esq., dated October 25, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to expedite the appeal is denied, and

It is further ORDERED that the cross motion for a stay is denied without prejudice to a motion in Supreme Court for a stay of proceedings (see CPLR 2201; Rhodes v Mosher, 115 AD2d 351; Schwartz v New York City Hous. Auth., 219 AD2d 47, 48), and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before December 13, 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 December 28, 2012.

Entered: November 28, 2012

Frances E. Cafarell, Clerk