| JAZMON E., INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF KIYRI W., V STEPHEN MECHTLER, M.D., , KALEIDA HEALTH |
| Motion No: CA 22-00242 |
| Slip Opinion No: 2023 NY Slip Op 62833(U) |
| Decided on March 2, 2023 |
| 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: SMITH, J.P., PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 22-00242
| JAZMON E., INDIVIDUALLY AND AS PARENT AND NATURAL
GUARDIAN OF KIYRI W., PLAINTIFF-APPELLANT-RESPONDENT, V STEPHEN MECHTLER, M.D.,
DEFENDANT-RESPONDENT-APPELLANT, KALEIDA HEALTH, DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL,
DEFENDANT-RESPONDENT, ET AL., DEFENDANT. |
Defendant-respondent Kaleida Health, doing business as Millard Fillmore Suburban Hospital having moved to strike the joint record filed on the appeal taken herein from an order of the Supreme Court, Erie County, entered January 21, 2022, or, in the alternative, for an extension of time to file a brief, and plaintiff having cross-moved for an order denying the motion and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that defendant-respondent's motion insofar as it seeks extension of time to file a brief is granted, on the condition that the brief is filed and served in accordance with this Court's rules on or before March 23, 2023, and
It is further ORDERED that defendant-respondent's motion is otherwise denied, and
It is further ORDERED that plaintiff's cross motion is dismissed as unnecessary.
Entered: March 2, 2023
Ann Dillon Flynn
Clerk of the Court