SARAH E. WOLF AND MICHAEL WOLF, V ANDRE A. PERSAUD, M.D., , COLLINS O. OSULA, M.D., AND G & P GYNECARE, P.C.
Motion No: CA 14-02013
Slip Opinion No: 2014 NY Slip Op 94565(U)
Decided on December 29, 2014
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.


December 29, 2014

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

DOCKET NO. CA 14-02013

SARAH E. WOLF AND MICHAEL WOLF,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

ANDRE A. PERSAUD, M.D., DEFENDANT-APPELLANT-RESPONDENT,

COLLINS O. OSULA, M.D., AND G & P GYNECARE, P.C.,

DEFENDANTS-RESPONDENTS.


Plaintiffs having moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on February 26, 2014, and having moved for an extension of time to perfect their cross appeal taken from said order,

Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to December 5, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondents' brief is granted on the condition that plaintiffs' brief is filed and served on or before January 28, 2015, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs shall be filed and served on or before February 13, 2015, and

It is further ORDERED that the motion insofar as it seeks an extension of time to prefect plaintiffs' cross appeal is granted, and plaintiffs shall perfect their cross appeal on or before January 28, 2015, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: December 29, 2014

Frances E. Cafarell, Clerk