| CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY |
| Motion No: NOS. CA 12-00173, CA 13-00146 AND CA 13-01393 |
| Slip Opinion No: 2013 NY Slip Op 84919(U) |
| Decided on September 5, 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., FAHEY, SCONIERS, AND VALENTINO, JJ.
DOCKET NOS. CA 12-00173, CA 13-00146 AND CA 13-01393
| 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 to adjourn oral argument of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2011, and October 18, 2012, so that those appeals can be heard on the same day as the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 6, 2013, and
Respondents having cross-moved to dismiss the appeal taken from the order entered February 6, 2013, and
Respondents Buffalo Municipal Housing Authority, Elaine Garbe, Jeri Giwa, Grace Manor Health Care Facility, Inc., David J. Gentner, Mary Stephen, Kathy Randall, and Tiffany Matthews having moved to adjourn the appeals taken from the orders entered December 8, 2011, and October 18, 2012,
Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated August 12, 2013, the affidavit of Adam C. Ferrandino, Esq., received to August 22, 2013, the affidavits of Elizabeth G. Adymy, Esq., sworn to August 20, 2013, and August 21, 2013, the affidavit of Jason A. Botticelli, Esq., sworn to August 21, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the cross motions are denied insofar as they seek to dismiss the appeal taken from the order entered February 6, 2013, with leave for respondents to raise their arguments for dismissal in their respondents' briefs, and
It is further ORDERED that the motion and cross motions are otherwise denied.
Entered: September 5, 2013
Frances E. Cafarell, Clerk