PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY AND PINE, 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 to reschedule oral argument of 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, for an extension of time to perfect 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 February 13, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Susan C. Ministero sworn to February 19, 2009, 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 appellant shall perfect Docket No. CA 08-02299 on or before April 27, 2009 and, in the event of failure to so perfect, that appeal is hereby dismissed without further order; to the extent that it seeks to settle the record on that appeal, the motion is denied without prejudice to a motion at Supreme Court (see NYCRR 1000.4 [a] [1] [ii]), and the motion is otherwise denied.

Entered: February 25, 2009

JoAnn M. Wahl, Clerk