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

DOCKET NO. CA 10-00432
DOCKET NO. CA 10-00435
DOCKET NO. CA 10-00436

WALDEMAR H. JURKOWSKI, BY EDWARD C. COSGROVE, GUARDIAN OF HIS PERSON AND PROPERTY, PLAINTIFF-APPELLANT, V SHEEHAN MEMORIAL HOSPITAL, ET AL., DEFENDANTS, BHAVANSA PADMANABHA, M.D., DEFENDANT-RESPONDENT. (APPEAL NO. 2.) WALDEMAR H. JURKOWSKI, BY EDWARD C. COSGROVE, GUARDIAN OF HIS PERSON AND PROPERTY, PLAINTIFF-APPELLANT, V SHEEHAN MEMORIAL HOSPITAL, ET AL.,DEFENDANTS, MADAN G. CHUGH, M.D., DEFENDANT-RESPONDENT. (APPEAL NO. 3.) WALDEMAR H. JURKOWSKI, BY EDWARD C. COSGROVE, GUARDIAN HIS PERSON AND PROPERTY, PLAINTIFF-APPELLANT, V SHEEHAN MEMORIAL HOSPITAL, DEFENDANT-RESPONDENT. (APPEAL NO. 4.)

Appellant having moved for permission to proceed as a poor person on the appeals taken herein from judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 29, 2009, January 11, 2010, and January 21, 2010,

Now, upon reading and filing the affidavit of Edward C. Cosgrove, Esq. sworn to August 6, 2010, the notice of motion with proof of service thereof, the affidavit of Sally J. Broad, Esq. sworn to August 13, 2010, the affidavit of Elizabeth G. Adymy, Esq. sworn to August 16, 2010, the affidavit of Tamsin J. Hager, Esq. sworn to August 19, 2010, the affidavit of Tiffany R. Perry, Esq. sworn to August 18, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, without prejudice, on the ground that there is no indication that plaintiff served Brian P. Fitzgerald, Esq. with a copy of the motion.

Entered: September 14, 2010

Patricia L. Morgan, Clerk