WILLIAM D. MALDOVAN, PUBLIC ADMINISTRATOR, AS ADMINISTRATOR OF THE ESTATE OF LAURA CUMMINGS V COUNTY OF ERIE AND
Motion No: CA 19-01338
Slip Opinion No: 2019 NY Slip Op 84154(U)
Decided on November 14, 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.


November 14, 2019

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

CA 19-01338
CA 19-01339

WILLIAM D. MALDOVAN, PUBLIC ADMINISTRATOR, AS ADMINISTRATOR

OF THE ESTATE OF LAURA CUMMINGS, PLAINTIFF-RESPONDENT,

V

COUNTY OF ERIE AND TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF,

DEFENDANTS-APPELLANTS.

(Appeal No. 1.)

WILLIAM D. MALDOVAN, PUBLIC ADMINISTRATOR, AS ADMINISTRATOR OF THE ESTATE OF LAURA CUMMINGS, PLAINTIFF-APPELLANT,

V

COUNTY OF ERIE AND TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF, DEFENDANTS-RESPONDENTS.

(Appeal No. 2.)


Defendants having applied for an extension of time to perfect the appeal taken herein from order of the Supreme Court, Erie County, entered April 12, 2019 (appeal No. 1), and plaintiff having applied for an extension of time to perfect the appeal taken herein from an order entered April 11, 2019 (appeal No. 2),

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

It is hereby ORDERED that defendants' application is granted, the time for defendants to perfect appeal No. 1 is extended to January 8, 2020, and, in the event of failure to so perfect, appeal No. 1 is hereby dismissed without further order, and

It is further ORDERED that plaintiff's application is granted and the time to file and serve a brief perfecting appeal No. 2 and responding to appeal No. 1 is extended to February 7, 2020.

Entered: November 14, 2019

Mark W. Bennett

Clerk of the Court