| SUE ELLEN OUTTEN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DAVID WILLIAM OUTTEN, DECEASED V HERSCHEL GELBER |
| Motion No: CA 18-01311 |
| Slip Opinion No: 2018 NY Slip Op 79601(U) |
| Decided on July 30, 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. |
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 18-01311
| SUE ELLEN OUTTEN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE
OF DAVID WILLIAM OUTTEN, DECEASED, PLAINTIFF-RESPONDENT, V HERSCHEL GELBER, LLC, GELBER & O'CONNELL, LLC, AND
KRISTOPHER A. SCHWARZMUELLER, DEFENDANTS-APPELLANTS. GELBER & O'CONNELL, FORMERLY KNOWN AS HERSCHEL GELBER, LLC AND KRISTOPHER
A. SCHWARZMUELLER, THIRD-PARTY PLAINTIFFS-APPELLANTS, V RCR INVESTIGATIONS, INC., ET AL, THIRD-PARTY
DEFENDANTS. |
Defendants/Third-party plaintiffs Gelber & O'Connell, formerly known as Herschel Gelber, LLC and Kristopher A. Schwarzmueller having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 13, 2017,
Now, upon reading and filing the affirmation of Arianna Kwiatkowski, Esq., dated July 17, 2018, the notice of motion with proof of service thereof, and the affidavit of Arthur H. Thorn, Esq., sworn to July 25, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before October 12, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 30, 2018
Mark W. Bennett, Clerk