| DANIEL C. OAKES AND LISA M. OAKES V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D., KALEIDA HEALTH, AS SUCCESSOR IN |
| Motion No: CA 09-00228 |
| Slip Opinion No: 2009 NYSlipOp 64639(U) |
| Decided on February 25, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00228
| DANIEL C. OAKES AND LISA M. OAKES, PLAINTIFFS-RESPONDENTS,
V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D., KALEIDA HEALTH, AS SUCCESSOR IN INTEREST TO MILLARD FILLMORE HOSPITALS
DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL, DEFENDANTS-APPELLANTS, STEPHEN K. SOBIE, M.D., BUFFALO OTOLARYNGOLOGY
GROUP, P.C., AND ASHOK NIGAM, M.D., DEFENDANTS-RESPONDENTS. |
Appellants having moved for a stay of the retrial on damages pending the hearing and determination of their appeals from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 31, 2008,
Now, upon reading and filing the affidavit of Amy Archer Flaherty sworn to January 22, 2009, the affidavit of Gregory T. Miller sworn to January 26, 2009, the affidavit of Ann M. Campbell sworn to January 28, 2009, the notices of motion with proof of service thereof, the opposing affidavit of Ronald J. Wright sworn to January 30, 2009, the reply affidavit of Amy Archer Flaherty sworn to February 19, 2009, the reply affidavit of Ann M. Campbell sworn to February 20, 2009, the surreply affidavit of Ronald J. Wright sworn to February 20, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, denied.
Entered: February 25, 2009
JoAnn M. Wahl, Clerk