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, and appellants Satish K. Mongia, M.D. and Rajnikant Patel, M.D. having cross-moved for an extension of time to file a reply brief,

Now, upon reading and filing the affidavit of Ronald J. Wright, Esq. sworn to December 14, 2010, the affidavit of Elizabeth G. Adymy, Esq., Esq. sworn to December 20, 2010, the affidavit of Ann M. Campbell, Esq. sworn to December 21, 2010, the notices of motion and cross motion with proof of service thereof, and the affidavit of Amy Archer Flaherty, Esq. sworn to December 22, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered November 17, 2010, is amended by deleting the date December 30, 2010, and inserting in its place the date January 28, 2011, and

It is further ORDERED that the cross motions are granted to the extent that the second ordering paragraph of the order of this Court entered November 17, 2010, is hereby amended by deleting the date January 14, 2011, and inserting in its place the date February 14, 2011.

Entered: December 29, 2010

Patricia L. Morgan, Clerk