| ROBIN HART, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF EIAN CLAYTON BROOKS V COUNTY OF ERIE MATTHEW J. KUZDZAL |
| Motion No: CA 19-02146 AND CA 19-02156 |
| Slip Opinion No: 2019 NY Slip Op 86924(U) |
| Decided on December 20, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-02146 AND CA 19-02156
| ROBIN HART, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF EIAN
CLAYTON BROOKS, PLAINTIFF-RESPONDENT, V COUNTY OF ERIE, DEFENDANT-APPELLANT, MATTHEW J. KUZDZAL,
DEFENDANT. |
Appellant having applied for an extension of time to perfect the appeals taken herein from an orders of the Supreme Court, Erie County, entered July 31, 2019 (appeal No. 1), and November 18, 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 the application is granted, the time to perfect appeal No. 1 is extended to April 21, 2020, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the application is dismissed as premature insofar as it seeks an extension to perfect appeal No. 2 (see 22 NYCRR 1250.10 [a]).
Entered: December 20, 2019
Mark W. Bennett
Clerk of the Court