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: 2019 NY Slip Op 62916(U)
Decided on January 15, 2019
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.


January 15, 2019

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 applied 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 statement of Michael J. Willett, Esq., dated January 11, 2019,

It is hereby ORDERED that the application is granted, and defendants Kaleida Health and Kaleida Health/DeGraff Memorial Hospital shall perfect the cross appeal on or before March 6, 2019, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: January 15, 2019

Mark W. Bennett, Clerk