Opinion
DOCKET NO. CA 16-01657 DOCKET NO. CA 16-01658 DOCKET NO. CA 17-00033
01-30-2017
TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, v. CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC VASCULAR, INC., MEDTRONIC USA, INC., MEDTRONIC SOFAMOR DANEK USA, INC., ARI FLEET LT, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, v. CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC USA, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, v. CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC USA, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)
PRESENT:
Appellants Christopher J. Cesareo, Medtronic, Inc., and Medtronic USA, Inc. having moved for an extension of time to perfect the appeals taken herein from an order and amended orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 23, 2015, December 4, 2015, and June 8, 2016, and for other relief,
Now, upon reading and filing the affirmation of Carmen Beauchamp Ciparek, Esq., dated January 20, 2017, the notice of motion with proof of service thereof, and the affirmation of Lawrence A. Schulz, Esq., dated January 27, 2017, and the affirmation of Michael G. Cooper, Esq., dated January 26, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 1 and 2 and for other relief is granted to the extent that the second ordering paragraph of the order of this Court entered November 22, 2016, is hereby amended by deleting the date January 31, 2017, and inserting in its place the date May 1, 2017, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 3 is granted, and appellant shall perfect the appeal on or before May 1, 2017, and, in the event of failure to so perfect, appeal No. 3 is hereby dismissed without further order.
Entered: January 30, 2017
Frances E. Cafarell, Clerk