DANIEL C. OAKES V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D, KALEIDA HEALTH, AS SUCCESSOR IN INTEREST TO MILLARD
Motion No: CA 09-00555
Slip Opinion No: 2009 NYSlipOp 69161(U)
Decided on April 7, 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.


April 7, 2009

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

DOCKET NO. CA 09-00555

DANIEL C. OAKES, ET AL., PLAINTIFFS,

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,

ET AL. DEFENDANTS.



CATTARAUGUS COUNTY, INTERVENOR-RESPONDENT.


Appellants having moved for an extension of time to perfect the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 13, 2008,

Now, upon reading and filing the affidavit of Amy Archer Flaherty sworn to March 12, 2009, the affidavit of Ann M. Campbell sworn to March 20, 2009, the affidavit of Elizabeth G. Adymy sworn to March 23, 2009, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted and appellants shall perfect the appeals on or before August 4, 2009, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: April 7, 2009

Patricia L. Morgan, Deputy Clerk