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: 2011 NY Slip Op 62473(U)
Decided on January 26, 2011
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.


January 26, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, 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.


Appellant Kaleida Health, doing business as Millard Fillmore Suburban Hospital having moved for an extension of time to file and serve a reply 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 Amy Archer Flaherty, Esq. sworn to January 11, 2011, the notice of motion with proof of service thereof, and the affidavit of Ronald J. Wright, Esq. sworn to January 21, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the reply brief is filed and served on or before February 14, 2011 and the Clerk is directed to accept the brief for filing.

Entered: January 26, 2011

Patricia L. Morgan, Clerk