DANIEL MANCUSO, AS EXECUTOR OF THE ESTATE OF ROSE M. KIJ, DECEASED V KALEIDA HEALTH, DOING BUSINESS AS MILLARD FILLMORE
Motion No: NOS. CA 17-01811 AND CA 17-01812
Slip Opinion No: 2018 NY Slip Op 78766(U)
Decided on July 23, 2018
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.


July 23, 2018

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

DOCKET NOS. CA 17-01811 AND CA 17-01812

DANIEL MANCUSO, AS EXECUTOR OF THE ESTATE OF ROSE M. KIJ,

DECEASED, PLAINTIFF-RESPONDENT,

V

KALEIDA HEALTH, DOING BUSINESS AS MILLARD FILLMORE GATES

HOSPITAL, DEFENDANT-APPELLANT.


Respondent having moved for an extension of time to file and serve a brief on the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 17, 2017, and October 13, 2017,

Now, upon reading and filing the affidavit of Brian R. Hogan, Esq., sworn to July 6, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before September 11, 2018, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 26, 2018.

Entered: July 23, 2018

Mark W. Bennett, Clerk