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 88215(U)
Decided on November 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.


November 17, 2010

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


Respondents having moved for an extension of time to file and serve a brief on the appeal 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 Ronald J. Wright, Esq. sworn to November 4, 2010, the notice of motion with proof of service thereof, and the affidavit of Amy Archer Flaherty, Esq. sworn to November 10, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the brief shall be filed and served on or before December 30, 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 January 14, 2011.

Entered: November 17, 2010

Patricia L. Morgan, Clerk