DESIREE NICOTRA V CNY FAMILY CARE, LLP . ST. JOSEPH'S IMAGING ASSOCIATES, PLLC V CHIROPRACTIC WELLNESS, PLLC .
Motion No: CA 19-00753
Slip Opinion No: 2019 NY Slip Op 69951(U)
Decided on April 25, 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.


April 25, 2019

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

CA 19-00753
Index No: 2013-1827

DESIREE NICOTRA, PLAINTIFF,

V

CNY FAMILY CARE, LLP, ET AL., DEFENDANTS.

ST. JOSEPH'S IMAGING ASSOCIATES, PLLC, ET AL., THIRD-PARTY

PLAINTIFFS,

V

CHIROPRACTIC WELLNESS, PLLC, ET AL., THIRD-PARTY

DEFENDANTS.

CHIROPRACTIC WELLNESS, PLLC, AND FREDERICK GARDNER,

FOURTH-PARTY PLAINTIFFS-APPELLANTS,

V

CNY FAMILY CARE, LLP, STEPHANIE ANNE CLAPPER, M.D., ST.

JOSEPH'S HOSPITAL HEALTH CENTER, GREGORY WILLIAM CANUTE,

M.D., ST. JOSEPH'S IMAGING ASSOCIATES, PLLLC, EMERGENCY

PHYSICIAN SERVICES OF NY, P.C., EMERGENCY CARE SERVICES OF

NY, P.C., MARTIN WALDRON, M.D., AND JOSEPH MARKHAM, M.D.,

FOURTH-PARTY DEFENDANTS-RESPONDENTS.


Appellants having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Onondaga County, entered October 12, 2018,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, the time to perfect the appeal is extended to June 24, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 25, 2019

Mark W. Bennett

Clerk of the Court