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: 2021 NY Slip Op 65314(U)
Decided on April 23, 2021
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 23, 2021

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 to vacate dismissal of (denominated 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 granted on the condition that the appeal is perfected on or before June 21, 2021.

Entered: April 23, 2021

Mark W. Bennett

Clerk of the Court