EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI

EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI

Motion No: CA 15-01053

Slip Opinion No: 2016 NY Slip Op 61298(U)

Decided on January 11, 2016

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.

January 11, 2016

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

DOCKET NO. CA 15-01053

EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT AND NATURAL
GUARDIAN AND ADMINISTRATOR OF THE ESTATE OF MALACHI
SOUTHERN, INFANT, DECEASED, PLAINTIFF-APPELLANT,
V
SENZAN HSU, M.D., DEFENDANT-RESPONDENT,
VICTOR C. MONEKE, M.D., DEFENDANT,
AND CHILDREN'S HOSPITAL OF BUFFALO OF KALEIDA HEALTH,
DEFENDANT-RESPONDENT.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 9, 2015,

Now, upon reading and filing the affidavit of Eartha C. Southern sworn to December 22, 2015, the notice of motion with proof of service thereof, and the affidavit of Michael J. Willett, Esq., sworn to December 30, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered October 19, 2015, is hereby amended by deleting the date December 28, 2015, and inserting in its place the date February 26, 2016.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: January 11, 2016

Frances E. Cafarell, Clerk