J. FREDERICK SCHOELLKOPF VI, EXECUTOR OF THE ESTATE OF KRISTIN S. BOROWIAK, DECEASED V PAUL J. "BUDDY" BOROWIAK, JR.
Motion No: CA 22-01733
Slip Opinion No: 2024 NY Slip Op 68545(U)
Decided on May 21, 2024
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


May 21, 2024

PRESENT: SMITH, J.P., BANNISTER, OGDEN, GREENWOOD, AND NOWAK, JJ.

CA 22-01733

J. FREDERICK SCHOELLKOPF, VI, EXECUTOR OF THE ESTATE OF

KRISTIN S. BOROWIAK, DECEASED, PLAINTIFF-RESPONDENT,

V

PAUL J. "BUDDY" BOROWIAK, JR., DEFENDANT-APPELLANT.


Defendant-appellant having moved to adjourn oral argument of the appeal taken herein from an order of the Supreme Court, Erie County, entered October 14, 2022,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is removed from the Court's May 23, 2024 day calendar, and is added to the calendar for the term of Court commencing October 15, 2024, and

It is further ORDERED that on or before May 24, 2024, plaintiff shall provide the court (Panepinto, J.) with the records from Caron Treatment Centers to provide the court with an opportunity to certify whether they are the same records the court reviewed in camera in October 2022, and if they are the same records, the court shall submit them to this Court on or before June 17, 2024.

Entered: May 21, 2024

Ann Dillon Flynn

Clerk of the Court