| BONITA POWERS, AS ADMINISTRATOR OF THE ESTATE OF JAMES POWERS, MD, DECEASED V CANANDAIGUA MEDICAL GROUP, P.C. |
| Motion No: CA 23-01551 |
| Slip Opinion No: 2024 NY Slip Op 61036(U) |
| Decided on January 11, 2024 |
| 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, LINDLEY, AND BANNISTER, JJ.
CA 23-01551
| BONITA POWERS, AS ADMINISTRATOR OF THE ESTATE OF
JAMES POWERS, MD, DECEASED, PLAINTIFF-APPELLANT, V CANANDAIGUA MEDICAL GROUP, P.C.,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the second amended notice of appeal in the appeal taken herein from an order of the Supreme Court, Ontario County, dated July 20, 2023, and for other relief, and appellant having cross-moved for permission to file a third amended notice of appeal,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the respondent's motion insofar as it seeks to dismiss the second amended notice of appeal and for other relief is denied, and
It is further ORDERED that the appellant's motion for leave to serve and file a third amended notice of appeal is granted on the condition that said notice of appeal is served and filed on or before January 19, 2024, and
It is further ORDERED that the appeal shall be perfected on or before February 26, 2024.
Memorandum: No extensions of time to perfect the appeal will be granted absent an unanticipated and extraordinary excuse for the delay.
Entered: January 11, 2024
Ann Dillon Flynn
Clerk of the Court