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

DOCKET NO. CA 13-01111
DOCKET NO. CA 13-01113

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. LAUREN M. BARTON, PLAINTIFF, V MARJO HOME CARE SUPPLY, INC. DOING BUSINESS AS MEDICAL ARTS HOME CARE CENTER, PRIDE MOBILITY PRODUCTS CORP. ADAPTIVE EQUIPMENT SYSTEMS, INC. NOW KNOWN AS SUNRISE MEDICAL HHG, INC., DEFENDANTS. AMICA MUTUAL INSURANCE COMPANY, AS SUBROGEE OF CHARLES G. BARTON, II, AND/OR ESTATE OF CHARLES G. BARTON, II, 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 appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 27, 2012, and 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 appeals on or before September 18, 2013, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: July 8, 2013

Frances E. Cafarell, Clerk