RICHARD METCALF, SR., AS ADMINISTRATOR OF THE ESTATE OF RICHARD METCALF, JR., DECEASED V COUNTY OF ERIE, ROBERT DEE
Motion No: CA 24-01888 AND CA 24-01889
Slip Opinion No: 2025 NY Slip Op 74455(U)
Decided on August 11, 2025
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.


August 11, 2025

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 24-01888 AND CA 24-01889

RICHARD METCALF, SR., AS ADMINISTRATOR OF THE

ESTATE OF RICHARD METCALF, JR., DECEASED,

PLAINTIFF-RESPONDENT,

V

COUNTY OF ERIE, ROBERT DEE, MATTHEW CROSS,

EDWARD KAWALEK, ROBERT STATES, SCOTT EMERLING,

DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.


Appellants having moved for an extension of time to perfect the appeal taken herein from orders of the Supreme Court, Erie County, entered October 30, 2024 and November 8, 2024,

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 motions are granted, the time to perfect the appeals is extended to September 12, 2025, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: August 11, 2025

Ann Dillon Flynn

Clerk of the Court