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 78774(U)
Decided on July 15, 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.


July 15, 2009

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

DOCKET NO. CA 09-00846
TIMOTHY TROST, ESQ., AND DOES 1-20, THIRD-PARTY

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,

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 June 29, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Amy Archer Flaherty sworn to July 8, 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 the ordering paragraph of the order of this Court entered May 4, 2009 is hereby amended by deleting the date July 6, 2009 and inserting in its place the date September 4, 2009.

Entered: July 15, 2009

Patricia L. Morgan, Clerk