| RANDY RATAJCZAK, AS ADMINISTRATOR OF THE ESTATE OF MARY RATAJCZAK V MAHMOOD YOONESSI, M.D. AND MAHMOOD YOONESSI, M.D. |
| Motion No: CA 09-00846 |
| Slip Opinion No: 2009 NY Slip Op 71758(U) |
| Decided on May 4, 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 09-00846
TIMOTHY TROST, ESQ., AND DOES 1-20,
| RANDY RATAJCZAK, AS ADMINISTRATOR OF THE ESTATE OF MARY RATAJCZAK,
PLAINTIFF-RESPONDENT, V MAHMOOD YOONESSI, M.D. AND MAHMOOD YOONESSI, M.D., P.C., DEFENDANTS-APPELLANTS, MAHMOOD
YOONESSI, M.D. AND MAHMOOD YOONESSI, M.D., P.C., THIRD-PARTY PLAINTIFFS-APPELLANTS, V SHASHIKANT LELE, M.D., AND HIS
COLLABORATORS, AS FOLLOWS: JEANINE VILLELLA, SAMEER SHARMA, WILLIAM A. DILLON, DANIEL KREDENTSER, LAWRENCE STERNBERG, ANTONIA C.
NOVELLO, STEPHEN GOODNOUGH, RONALD WENDER, ALL M.D.S, THIRD-PARTY DEFENDANTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 27, 2008,
Now, upon reading and filing the affirmation of Mahmood Yoonessi dated April 24, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Amy Archer Flaherty sworn to May 1, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and appellants shall perfect the appeal on or before July 6, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: May 4, 2009
Patricia L. Morgan, Clerk