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

DOCKET NO. CA 10-00374
DOCKET NO. CA 10-00490
DOCKET NO. CA 10-00585

RICHARD WINIARSKI AND CATHLEEN WINIARSKI, PLAINTIFFS-RESPONDENTS, V LINDA HARRIS, M.D. AND UNIVERSITY AT BUFFALO SURGEONS, INC., DEFENDANTS-APPELLANTS, KALEIDA HEALTH SYSTEM DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS. (APPEAL NO. 1.) RICHARD WINIARSKI AND CATHLEEN WINIARSKI, PLAINTIFFS-RESPONDENTS, V LINDA HARRIS, M.D. AND UNIVERSITY AT BUFFALO SURGEONS, INC., DEFENDANTS-APPELLANTS, KALEIDA HEALTH SYSTEM DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS. (APPEAL NO. 2.) RICHARD WINIARSKI AND CATHLEEN WINIARSKI, PLAINTIFFS-RESPONDENTS, V LINDA HARRIS, M.D. AND UNIVERSITY AT BUFFALO SURGEONS, INC., DEFENDANTS-APPELLANTS, KALEIDA HEALTH SYSTEM DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS. (APPEAL NO. 3.)

Respondents having moved for an extension of time to file and serve a brief on the appeal taken from the orders and the judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 3, 2009, January 12, 2010, and January 26, 2010,

Now, upon reading and filing the affidavit of Edward J. Markarian, Esq. sworn to June 3, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that the brief is filed and served on or before July 28, 2010, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before August 12, 2010.

Entered: June 29, 2010

Patricia L. Morgan, Clerk