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

DOCKET NOS. CA 16-01352 AND CA 16-01353

JASON KIRCHNER, PLAINTIFF-APPELLANT, V COUNTY OF NIAGARA, CLAUDETTE CALDWELL, COUNTY OF ERIE, JAMES J. WOYTASH, M.D., AND UNIVERSITY OF BUFFALO PATHOLOGISTS, INC., DEFENDANTS-RESPONDENTS.

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 Niagara on October 29, 2015, and April 25, 2016, and respondents County of Niagara, Claudette Caldwell, James J. Woytash, M.D., and University of Buffalo Pathologists, Inc. having cross-moved to dismiss the appeals and for other relief,

Now, upon reading and filing the affirmations of Rebecca M. Kujawa, Esq., dated December 13, 2016, and December 21, 2016, the affidavit of Elizabeth M. Bergen, Esq., sworn to December 15, 2016, the affirmation of Matthew J. Kibler, Esq., dated December 19, 2016, the notice of motion with proof of service thereof, and the affirmation of Shawn P. Hennessy, Esq., dated December 19, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion is granted to the extent that the ordering paragraph of the order of this Court entered October 24, 2016, hereby amended by deleting the date December 16, 2016, and inserting in its place the date February 14, 2017, and

It is further ORDERED that respondents' cross motions are denied.

Memorandum: No further extensions of time to perfect appeal No. 1 will be granted.

Entered: December 27, 2016

Frances E. Cafarell, Clerk