Constantine v. Stella Maris Ins. Co.

Full title: JEFFREY CONSTANTINE, M.D., PLAINTIFF-RESPONDENT-APPELLANT, v. STELLA MARIS…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 2, 2014

2014 N.Y. Slip Op. 91654 (N.Y. App. Div. 2014)

Opinion

Motion No: CA 14-01751

12-02-2014

JEFFREY CONSTANTINE, M.D., PLAINTIFF-RESPONDENT-APPELLANT, v. STELLA MARIS INSURANCE COMPANY, LTD., CATHOLIC HEALTH EAST, CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS SISTERS OF CHARITY HOSPITAL, DEFENDANTS-APPELLANTS-RESPONDENTS, MARY SERIO AND NICHOLAS SERIO, AS PARENTS AND NATURAL GUARDIANS OF NICOLE SERIO, AN INFANT, DEFENDANTS-RESPONDENTS-APPELLANTS.

SCUDDER, P.J.

PRESENT: , CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

Appellants Mary Serio and Nicholas Serio, as parents and natural guardians of Nicole Serio, an infant having moved for an extension of time to perfect their cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 10, 2014, and having moved for an extension of time to file and serve a respondents' brief in response to the appellants' briefs filed by Stella Maris Insurance Company, Ltd., Catholic Health East and Catholic Health System doing business as Sisters of Charity Hospital,

Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated November 7, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appellants Mary Serio and Nicholas Serio's cross appeal is granted, and those appellants shall perfect their cross appeal on or before January 20, 2015, and, in the event of failure to so perfect, that cross appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar it seeks an extension of time for appellants Mary Serio and Nicholas Serio to file and serve a respondents' brief in response to the appellants' briefs filed by Stella Maris Insurance Company, Ltd., Catholic Health East and Catholic Health System doing business as Sisters of Charity Hospital is granted on the condition that said respondents' brief is filed and served on or before January 20, 2015, and the Clerk is directed to accept the brief for filing.

Entered: December 2, 2014

Frances E. Cafarell, Clerk