PRESENT: SCUDDER, P.J., 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 separately to dismiss appellant's 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, on the ground that plaintiff failed to comply with the order of this Court entered February 17, 2011,

Now, upon reading and filing the affidavit of Sally J. Broad, Esq. sworn to March 9, 2011, the affidavit of Elizabeth G. Adymy, Esq. sworn to March 10, 2011, the affidavit of Tamsin J. Hager, Esq. sworn to March 11, 2011, the notices of motion with proof of service thereof, and the affidavits of J. Michael Lennon, Esq. sworn to March 24, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that respondents' motions are denied with leave to renew at oral argument.

Entered: April 14, 2011

Patricia L. Morgan, Clerk