ACEA MOSEY, PUBLIC ADMINISTRATOR, AS ADMINISTRATOR OF THE ESTATE OF LAURA CUMMINGS, DECEASED V COUNTY OF ERIE
Motion No: NOS. CA 16-00079 AND CA 16-00080
Slip Opinion No: 2016 NY Slip Op 68166(U)
Decided on March 21, 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.


March 21, 2016

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

DOCKET NOS. CA 16-00079 AND CA 16-00080

ACEA MOSEY, PUBLIC ADMINISTRATOR, AS ADMINISTRATOR OF THE

ESTATE OF LAURA CUMMINGS, DECEASED, PLAINTIFF-APPELLANT,

V

COUNTY OF ERIE, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 25, 2015, and May 11, 2015,

Now, upon reading and filing the affidavit of John T. Loss, Esq., sworn to March 8, 2016, the notice of motion with proof of service thereof, and the affirmation of Jeremy C. Toth, Esq., dated March 14, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the second ordering paragraph of the order of this Court entered January 25, 2016, is hereby amended by deleting the date March 18, 2016, and inserting in its place the date May 18, 2016, and

It is further ORDERED that appellant shall perfect appeal No. 2 on or before May 18, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 21, 2016

Frances E. Cafarell, Clerk