| TAMMY A. CLEVELAND, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL E. CLEVELAND, V GREGORY C. PERRY |
| Motion No: CA 18-01138 |
| Slip Opinion No: 2018 NY Slip Op 89698(U) |
| Decided on November 26, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-01138
| TAMMY A. CLEVELAND, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE
ESTATE OF MICHAEL E. CLEVELAND, PLAINTIFF-APPELLANT-RESPONDENT, V GREGORY C. PERRY, M.D., FDR MEDICAL SERVICES, P.C., KALEIDA
HEALTH, AND KALEIDA HEALTH/DEGRAFF MEMORIAL HOSPITAL, DEFENDANTS-RESPONDENTS-APPELLANTS, ET AL., DEFENDANT. (APPEAL NO.
2.) |
Defendants Kaleida Health and Kaleida Health/DeGraff Memorial Hospital having moved for an extension of time to perfect the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 8, 2018,
Now, upon reading and filing the affirmation of Michael J. Willett, Esq., dated November 13, 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, and defendants Kaleida Health and Kaleida Health/DeGraff Memorial Hospital shall perfect the cross appeal on or before February 4, 2019, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: November 26, 2018
Mark W. Bennett, Clerk