| CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULU BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY |
| Motion No: CA 16-00970 |
| Slip Opinion No: 2017 NY Slip Op 66690(U) |
| Decided on March 6, 2017 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND SCUDDER, JJ.
DOCKET NO. CA 16-00970
| CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULU
BAITY, DECEASED, PLAINTIFF-APPELLANT, V BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, GRACE MANOR HEALTH CARE
FACILITY, INC., NELDA LAWLER, M.D., AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS. |
Appellant having moved to strike respondents' brief filed in the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 11, 2015, and having moved for an extension of time to file and serve a reply brief, and for costs, fees, and sanctions against counsel for respondents,
Now, upon reading and filing the affirmation of Louis Rosado, Esq., dated February 17, 2017, the notice of motion with proof of service thereof, and the affidavit of Paulette E. Ross, Esq., sworn to February 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to strike the respondents' brief is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file a reply brief is granted on the condition that the brief is filed and served on or before March 10, 2017, and
It is further ORDERED that the motion insofar as it seeks costs, fees, and sanctions is denied.
Entered: March 6, 2017
Frances E. Cafarell, Clerk