NORMAN K., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DANIELLE K., DECEASED, AND AS PARENT AND NATURAL GUARDIAN

NORMAN K., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DANIELLE K., DECEASED, AND AS PARENT AND NATURAL GUARDIAN

Motion No: CA 20-00267

Slip Opinion No: 2020 NY Slip Op 74910(U)

Decided on November 13, 2020

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 13, 2020

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

CA 20-00267

NORMAN K., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE
OF DANIELLE K., DECEASED, AND AS PARENT AND NATURAL
GUARDIAN OF DEVYN K. AND BRIANE M., PLAINTIFF-APPELLANT,
V
ALAN POSNER, M.D., ET AL., DEFENDANTS,
KALEIDA HEALTH, INDIVIDUALLY AND DOING BUSINESS AS BUFFALO
GENERAL HOSPITAL, AND AS BARIARTIC PROGRAM, AND AS
MINIMALLY INVASIVE SURGERY AND AS WEIGHT LOSS PROGRAM,
DEFENDANTS-RESPONDENTS.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered January 27, 2020,

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

It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate the dismissal of the appeal (see 22 NYCRR 1250.10 [c]).

Entered: November 13, 2020

Mark W. Bennett

Clerk of the Court