| ESTHER CASSATT V ZIMMER, INC. AND ZIMMER UPSTATE NEW YORK, INC. |
| Motion No: NOS. CA 17-01174 AND CA 17-01175 |
| Slip Opinion No: 2017 NY Slip Op 83813(U) |
| Decided on August 21, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NOS. CA 17-01174 AND CA 17-01175
| ESTHER CASSATT, PLAINTIFF-APPELLANT, V ZIMMER, INC. AND ZIMMER
UPSTATE NEW YORK, 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 13, 2016, and February 23, 2017,
Now, upon reading and filing the affirmation of Mark H. Cantor, Esq., dated August 3, 2017, 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 an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before November 1, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: August 21, 2017
Frances E. Cafarell, Clerk