PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, 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, and for other relief,

Respondent Stephen Goodnough, M.D. having cross-moved for sanctions, an order enjoining appellants from commencing any civil action in the courts of New York State related to certain allegations against Dr. Goodnough, and for other relief, and

Now, upon reading and filing the statement of Mahmood Yoonessi dated May 18, 2009 [sic], the affidavit of Amy Archer Flaherty, Esq. sworn to June 2, 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 appellants' motion is denied, and

It is further ORDERED the cross motion is granted to the extent that appellants are prohibited from filing any further motions in this appeal taken herein from the order of the Supreme Court entered June 27, 2008, and

It is further ORDERED that the cross motion is otherwise denied.

Entered: June 25, 2010

Patricia L. Morgan, Clerk