PRESENT: SCUDDER, P. J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ.

DOCKET NOS. CA 12-00173 AND CA 13-00146

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.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 18, 2012 (CA 13-00146),

Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated January 16, 2013, the notice of motion with proof of service thereof, the affidavit of Adam C. Ferrandino, Esq., sworn to January 24, 2013, and the affidavit of Elizabeth G. Adymy, Esq., sworn to January 24, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered November 29, 2012, is hereby amended by deleting the date February 5, 2013, and inserting in its place the date April 8, 2013, and

It is further ORDERED that the appeal from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2011 (CA 12-00173), is removed from this Court's day calendar for May 13, 2013, and added to the calendar for the term of this Court commencing September 3, 2013, and

It is further ORDERED that if an appeal from the order entered October 18, 2012, is perfected on or before April 8, 2013, the appeal from that order shall be placed on this Court's calendar for the term commencing September 3, 2013.

Entered: March 1, 2013

Frances E. Cafarell, Clerk