| 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 85860(U) |
| Decided on October 13, 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, 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 to vacate the dismissal of the appeal taken herein 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 September 28, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Amy Archer Flaherty sworn to October 8, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, with leave to renew upon a showing of merit on or before November 12, 2009 (see 22 NYCRR 1000.13 [g]).
Entered: October 13, 2009
Patricia L. Morgan, Clerk