| DANIEL C. OAKES AND LISA M. OAKES, V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D., AND KALEIDA HEALTH, AS SUCCESSOR |
| Motion No: CA 10-00367 |
| Slip Opinion No: 2010 NY Slip Op 73835(U) |
| Decided on May 28, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00367
| DANIEL C. OAKES AND LISA M. OAKES, PLAINTIFFS-RESPONDENTS-
APPELLANTS, V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D., AND KALEIDA HEALTH, AS SUCCESSOR IN INTEREST TO MILLARD
FILLMORE HOSPITALS, DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
Appellant-respondent Kaleida Health having moved for an extension of time to perfect the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 23, 2009,
Respondents-appellants Daniel and Lisa Oakes having filed and served a motion (denominated cross motion) to dismiss the appeal taken herein by appellants-respondents Rajnikant Patel, M.D. and Satish K. Mongia, M.D. for failure to perfect timely the appeals taken herein,
Appellants-respondents Rajnikant Patel, M.D. and Satish K. Mongia, M.D. having each filed and served a motion (denominated cross motion) to dismiss respondents-appellants' cross appeal for failure to perfect timely and to extend their time to perfect their appeals,
Now, upon reading and filing the affidavit of Amy Archer Flaherty, Esq. sworn to May 5, 2010, the affidavit of Kathleen J. Martin, Esq. sworn to May 12, 2010, the affidavit of Ann M. Campbell, Esq. sworn to May 13, 2010, the affidavit of Elizabeth G. Adymy, Esq. sworn to May 13, 2010, the affidavit of Kathleen Martin, Esq. sworn to May 14, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant-respondent Kaleida Health's motion is granted to the extent that the ordering paragraph of the order of this Court entered March 9, 2010 is hereby amended by deleting the date May 10, 2010 and inserting in its place the date July 9, 2010, and
It is further ORDERED that the motions (denominated cross motions) are hereby dismissed without prejudice to filing and serving subsequent motions to dismiss pursuant to 22 NYCRR 1000.13 [a] [2].
Entered: May 28, 2010
Patricia L. Morgan, Clerk