| LAUREN M. BARTON, INDIVIDUALLY AND ASA EXECUTRIX OF THE ESTATE OF CHARLES G. BARTON, III, DECEASED V MARJO HOME CARE |
| Motion No: CA 13-01111 |
| Slip Opinion No: 2013 NY Slip Op 78711(U) |
| Decided on July 3, 2013 |
| 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 13-01111
| LAUREN M. BARTON, INDIVIDUALLY AND ASA EXECUTRIX OF
THE ESTATE OF CHARLES G. BARTON, III, DECEASED, PLAINTIFF-RESPONDENT, V MARJO HOME CARE SUPPLY, INC. DOING BUSINESS
AS MEDICAL ARTS HOME CARE CENTER, DEFENDANT-APPELLANT, PRIDE MOBILITY PRODUCTS CORP., DEFENDANT AND ADAPTIVE
EQUIPMENT SYSTEMS, INC. NOW KNOWN AS SUNRISE MEDICAL HHG, INC., DEFENDANT-APPELLANT. |
Appellant Marjo Home Care Supply, Inc., doing business as Medical Arts Home Care Center, having moved for an extension of time to perfect its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 3, 2012,
Now, upon reading and filing the affidavit of Anthony R. Brighton, Esq., sworn to June 17, 2013, 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 and appellant Marjo Home Care Supply, Inc. doing business as Medical Arts Home Care Center shall perfect its appeal on or before September 18, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 3, 2013
Frances E. Cafarell, Clerk