PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-02422

BARBARA D. CYGAN, AS EXECUTRIX OF THE ESTATE OF STANLEY G. CYGAN, DECEASED, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH AND ARTHUR E. ORLICK, M.D., DEFENDANTS-APPELLANTS, DENNIS B. CHUGH, M.D., SUBURBAN CARDIOLOGY, P.C., JANERIO D. ALDRIDGE, M.D., BUFFALO THORACIC SURGERY ASSOCIATES, P.C., MICHAEL J. KRABAK, M.D., CENTURY MEDICAL ASSOCIATES, P.C. AND PAMELA L. STEVENS, M.D., DEFENDANTS-APPELLANTS-RESPONDENTS.

Appellants having moved to expedite oral argument of the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 27, 2007, and respondent having cross-moved for an extension of time to file and serve her brief,

Now, upon reading and filing the affidavit of Victor Alan Oliveri sworn to

December 4, 2007, the affidavit of Ann M. Campbell sworn to December 7, 2007, the notices of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to December 12, 2007, the notice of cross motion with proof of service thereof, the reply affidavit of Ann M. Campbell sworn to December 14, 2007, the reply affidavit of Victor Alan Oliveri sworn to December 14, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, denied, and

It is further ORDERED that the cross motion be, and the same hereby is granted on condition that the brief is filed and served on or before January 25, 2008, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 11, 2008.

Entered: January 9, 2008

JoAnn M. Wahl, Clerk