| DANIEL C. OAKES AND LISA M. OAKES, V RAJNIKANT PATEL, M.D. , KALEIDA HEALTH, AS SUCCESSOR IN INTEREST TO MILLARD |
| Motion No: NOS. CA 08-02081, CA 09-00228, CA 09-00555, CA 09-01329, AND CA 09-01330 |
| Slip Opinion No: 2009 NY Slip Op 81541(U) |
| Decided on August 20, 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, GREEN, AND PINE, JJ.
DOCKET NOS. CA 08-02081, CA 09-00228, CA 09-00555, CA 09-01329, AND CA 09-01330
DOCKET NOS. CA 09-02081, CA 09-00228, CA 09-00555, CA 09-01329, AND CA 09-01330
| DANIEL C. OAKES AND LISA M. OAKES,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V RAJNIKANT PATEL, M.D., ET AL., DEFENDANTS, KALEIDA HEALTH, AS SUCCESSOR IN INTEREST TO
MILLARD FILLMORE HOSPITALS, DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL, DEFENDANT-APPELLANT-RESPONDENT. 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. 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. AUGUST 20, 2009 PAGE
2 DANIEL C. OAKES, ET AL., PLAINTIFFS, V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D., DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANTS.
——————————————————— CATTARAUGUS
COUNTY, INTERVENOR-RESPONDENT. DANIEL C. OAKES, AND LISA M. OAKES, PLAINTIFFS-RESPONDENTS, V RAJNIKANT PATEL, M.D.,
DEFENDANT-APPELLANT, ET AL., DEFENDANTS. |
Defendants having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 13, 2008, September 26, 2008, October 31, 2008, January 15, 2009 and February 4, 2009, or in the alternative to withdraw those appeals without prejudice, and plaintiffs having cross-moved for the same relief with respect to their cross appeal from the order entered September 26, 2008,
Now, upon reading and filing the affidavit of Amy Archer Flaherty sworn to June 26, 2009, the affidavit of Elizabeth G. Adymy sworn to June 25, 2009, the affidavit of Ann M. Campbell sworn to June 25, 2009, the notices of motion with proof of service thereof, the opposing affidavit of Kathleen J. Martin sworn to July 9, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of Elizabeth G. Adymy sworn to July 10, 2009, the reply affidavit of Amy Archer Flaherty sworn to July 10, 2009, the reply affidavit of Ann M. Campbell sworn to July 10, 2009, and due deliberation having been had thereon,
DOCKET NOS. CA 09-02081, CA 09-00228, CA 09-00555, CA 09-01329, AND CA 09-01330
AUGUST 20, 2009
PAGE 3
It is hereby ORDERED that the motions and cross motion be, and the same hereby are, granted to the extent that the appeals and cross appeal are hereby dismissed without prejudice.
Entered: August 20, 2009
Patricia L. Morgan, Clerk