DANIEL C. OAKES AND LISA M. OAKES V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D., AND KALEIDA HEALTH, AS SUCCESSOR IN
Motion No: CA 10-00367
Slip Opinion No: 2010 NY Slip Op 83066(U)
Decided on September 17, 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.


September 17, 2010

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

DOCKET NO. CA 10-00367

DANIEL C. OAKES AND LISA M. OAKES, PLAINTIFFS-RESPONDENTS,

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.


Appellants Satish K. Mongia, M.D. and Rajnikant Patel, M.D. having separately moved for extensions of time to perfect their appeals taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 23, 2009,

Now, upon reading and filing the affidavit of Elizabeth G. Adymy, Esq. sworn to August 26, 2010, the affidavit of Ann M. Campbell, Esq. sworn to August 28, 2010, the notices of motion with proof of service thereof, the affidavit of Ronald J. Wright, Esq. sworn to September 3, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before December 1, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: September 17, 2010

Patricia L. Morgan, Clerk