| CARMEN BRITT AND CARMEN BRITT v BUFFALO MUNICIPAL HOUSING AUTHORITY |
| Motion No: CA 12-00173 |
| Slip Opinion No: 2012 NY Slip Op 92516(U) |
| Decided on November 29, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00173
| CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED,
PLAINTIFF-APPELLANT, V BUFFALO MUNICIPAL HOUSING AUTHORITY, ELAINE GARBE, BISILOLA F. JACKSON, AS ADMINISTRATOR
OF THE ESTATE OF JERELENE ELIZABETH GIWA, DECEASED, GRACE MANOR HEALTH CARE FACILITY, INC., DAVID J. GENTNER, MARY
STEPHAN, KATHY RANDALL, TIFFANY MATTHEWS, PHILLIP J. RADOS, M.D., DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANTS. |
Respondents having separately moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2011, on the ground that appellants' complaint against the respondents was dismissed by order of said court entered on October 18, 2012, or, in the alternative, for an extension of time to file their respondents' briefs,
Now, upon reading and filing the affidavits of John J. Marchese, Esq., sworn to October 31, 2012, and November 9, 2012, the affirmations of Adam C. Ferrandino, Esq., dated November 1, 2012, and November 14, 2012, the affidavits of Elizabeth G. Adymy, Esq., sworn to November 1, 2012, and November 9, 2012, the notices of motion with proof of service thereof, and the affidavits of Frank S. Falzone, Esq., dated November 8, 2012, and November 13, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted to the extent that the appeal is dismissed if appellant does not perfect an appeal from the order entered October 18, 2012, on or before February 5, 2013, and
It is further ORDERED that the appeal from the order entered December 8, 2011, is removed from this Court's calendar for the term of this Court commencing February 19, 2013, and added to the calendar for the term of this Court commencing May 13, 2013, and
It is further ORDERED that if an appeal from the ordered entered October 18, 2012, is perfected on or before February 5, 2013, the appeal from that order shall be placed on this Court's calendar for the term commencing May 13, 2013.
Entered: November 29, 2012
Frances E. Cafarell, Clerk