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., CHILDREN'S HOSPITAL OF BUFFALO OF KALEIDA HEALTH, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT.

Respondent Children's Hospital of Buffalo of Kaleida Health having moved for leave to file a supplemental record on 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, and for an extension of time to file and serve a respondent's brief,

Now, upon reading and filing the affidavit of Gregory T. Miller, Esq., sworn to March 7, 2016, 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 leave to file and serve a supplemental record on appeal regarding the affidavit of Nurse Karola Long sworn to April 20, 2011, is granted, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on the condition that the brief is filed and served on or before May 6, 2016, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before May 23, 2016.

Entered: April 7, 2016

Frances E. Cafarell, Clerk