PRESENT: SMITH, J.P., CENTRA, PERADOTTO, GORSKI, AND MARTOCHE, 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.)

Respondents having moved for an extension of time to file and serve briefs 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, and

Appellant having moved for reargument of this Court's order entered January 25, 2011, in the appeals taken herein,

Now, upon reading and filing the affidavits of Elizabeth G. Adymy, Esq. sworn to January 26, 2011, and February 3, 2011, the affidavits of Sally J. Broad, Esq. sworn to January 27, 2011, and February 3, 2011, the affidavits of Tamsin J. Hager, Esq. sworn to January 27, 2011, and February 4, 2011, the affidavit of J. Michael Lennon, Esq. sworn to January 28, 2011, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondents' motions seeking an extension of time to file and serve respondents' briefs are granted on the condition that the briefs are filed and served on or before April 11, 2011, and the Clerk is directed to accept the briefs for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 26, 2011, and

It is further ORDERED that the appeals are removed from the Court's day calendar for April 5, 2011, and added to the calendar for the term of this Court commencing May 16, 2011, and

It is further ORDERED that appellant's motion seeking reargument is granted to the extent that the ordering paragraphs of the order of this Court entered January 25, 2011, are amended by deleting those paragraphs and inserting in their place the following language: "It is hereby ORDERED that the motions are denied with leave to renew at oral argument on the condition that appellant files with this Court and serves on each respondent, on or before March 4, 2011, a Bates-stamped copy of Trial Exhibits 6 and 7, and in the event of failure to do so, respondents' motions are granted and the appeals are dismissed without further order."

Entered: February 17, 2011

Patricia L. Morgan, Clerk