DARLENE M. LOHNAS V FRANK A. LUZI, JR., M.D. AND NORTHTOWNS ORTHOPEDICS, P.C. DARLENE M. LOHNAS V FRANK A. LUZI, JR.
Motion No: CA 15-00195
Slip Opinion No: 2015 NY Slip Op 71698(U)
Decided on April 29, 2015
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.


April 29, 2015

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

DOCKET NO. CA 15-00195
DOCKET NO. CA 15-00398

DARLENE M. LOHNAS, PLAINTIFF-RESPONDENT,

V

FRANK A. LUZI, JR., M.D. AND NORTHTOWNS ORTHOPEDICS, P.C.,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

DARLENE M. LOHNAS, PLAINTIFF-RESPONDENT,

V

FRANK A. LUZI, JR., M.D. AND NORTHTOWNS ORTHOPEDICS, P.C.,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)


Appellants having moved for an extension of time to perfect the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 14, 2014 (appeal No. 1), and February 4, 2015 (appeal No. 2),

Now, upon reading and filing the affidavit of Tamsin J. Hager, Esq., sworn to April 13, 2015, 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 perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered February 13, 2015, is hereby amended by deleting the date April 14, 2015, and inserting in its place the date June 2, 2015, and

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: April 29, 2015

Frances E. Cafarell, Clerk