JASON KIRCHNER V COUNTY OF NIAGARA, CLAUDETTE CALDWELL, COUNTY OF ERIE, JAMES J. WOYTASH, M.D., AND UNIVERSITY OF
Motion No: NOS. CA 16-01352 AND CA 16-01353
Slip Opinion No: 2017 NY Slip Op 67589(U)
Decided on March 13, 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.


March 13, 2017

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.


Respondent County of Erie having moved for an extension of time to file and serve a brief on 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,

Now, upon reading and filing the affidavit of Shawn P. Hennessy, Esq., sworn to February 24, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the County of Erie's motion is granted on the condition that their brief is filed and served on or before May 1, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs with respect to County of Erie, if any, shall be filed and served on or before May 16, 2017.

Entered: March 13, 2017

Frances E. Cafarell, Clerk