Brittv.Buffalo Mun. Hous. Auth.

Appellate Division of the Supreme Court of the State of New YorkApr 15, 2013
2013 N.Y. Slip Op. 70749 (N.Y. App. Div. 2013)

DOCKET NO. CA 13-00146

04-15-2013

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED, PLAINTIFF-APPELLANT, v. BUFFALO MUNICIPAL HOUSING AUTHORITY, ELAINE GARBE, BISILOLA F. JACKSON, AS ADMINISTRATOR OF THE ESTATE OF JERELENE ELIZABETH GIWA, DECEASED, GRACE MANOR HEALTH CARE FACILITY, INC., DAVID J. GENTNER, MARY STEPHAN, KATHY RANDALL, TIFFANY MATTHEWS, PHILLIP J. RADOS, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)


PRESENT: , P. J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ.

Appellant having moved to supplement the record, for judicial notice, and to extend the time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 18, 2012,

Now, upon reading and filing the affirmations of Frank S. Falzone, Esq., dated March 28, 2013, and April 4, 2013, the notice of motion with proof of service thereof, the affidavit of Adam C. Ferrandino, Esq., sworn to April 1, 2013, the affidavit of Elizabeth G. Adymy, Esq., sworn to April 2, 2013, and the affidavit of John J. Marchese, Esq., sworn to April 4, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted to the extent that the first ordering paragraph of the order of this Court entered March 1, 2013, is hereby amended by deleting the date April 8, 2013, and inserting in its place the date June 7, 2013, and

It is further ORDERED the motion is granted to the extent that the third ordering paragraph of the order of this Court entered March 1, 2013, is hereby amended by deleting the date April 8, 2013, and inserting in its place the date June 7, 2013, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: No further extensions of time to perfect this appeal-so as to avoid dismissal of the appeal taken herein from an order entered December 8, 2011 (CA 12-00173)-will be granted.

Frances E. Cafarell, Clerk