MARY ELAINE SCOTT, AS ADMINISTRATRIX OF THE ESTATE OF ALMYRTIS ROLLYE, DECEASED V ERIE COUNTY MEDICAL CENTER
Motion No: CA 18-00675
Slip Opinion No: 2018 NY Slip Op 82018(U)
Decided on August 27, 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.


August 27, 2018

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

DOCKET NO. CA 18-00675
DOCKET NO. CA 18-01435

MARY ELAINE SCOTT, AS ADMINISTRATRIX OF THE ESTATE OF

ALMYRTIS ROLLYE, DECEASED, PLAINTIFF-RESPONDENT,

V

ERIE COUNTY MEDICAL CENTER CORPORATION,

DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

MARY ELAINE SCOTT, AS ADMINISTRATRIX OF THE ESTATE OF

ALMYRTIS ROLLYE, DECEASED, PLAINTIFF-RESPONDENT,

V

ERIE COUNTY MEDICAL CENTER CORPORATION,

DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved for an extension of time to perfect the appeal taken herein from and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 18, 2017 (appeal No. 1), and having moved to consolidate that appeal with the appeal taken herein from an order of the same court entered in the Office of the Clerk of the County of Erie on January 18, 2018 (appeal No. 2),

Now, upon reading and filing the affirmations of Katherine V. Markel, Esq.,dated August 5, 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 insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered May 8, 2018, is hereby amended by deleting the date August 6, 2018, inserting in its place the date October 5, 2018, and

It is further ORDERED that appellant shall perfect appeal No. 2 on or before October 5, 2018, 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 to consolidate the appeals

is granted, and the appeals from orders entered July 18, 2017, and January 18, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: August 27, 2018

Mark W. Bennett, Clerk