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

DOCKET NO. CA 08-02062

DR. JOHN CHONG-HWAN WEE, PLAINTIFF-RESPONDENT, V UNITED MEMORIAL MEDICAL CENTER, BARBARA HANCOCK, STEVEN BUFFA, LORI GOERGEN AND ROSANN LOWDER, DEFENDANTS-APPELLANTS.

Respondent having moved for an extension of time to file and serve a brief on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on January 31, 2008, to consolidate that appeal with his appeal from an order of the same court entered August 18, 2008 (Docket No. CA 08-02299), and for other relief,

Now, upon reading and filing the affidavit of Dr. John Chong-Hwan Wee sworn to November 6, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Susan C. Ministero sworn to November 18, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that respondents' brief may be filed and served on or before January 5, 2009, and the Clerk is directed to accept the brief for filing, and the motion is otherwise denied, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before January 20, 2009.

Memorandum: Respondent may perfect his appeal in Docket No. CA 08-02299 and move to expedite it or move to reschedule oral argument of the instant appeal.

Entered: December 2, 2008

JoAnn M. Wahl, Clerk