PRESENT: FAHEY, J.P., CARNI, SCONIERS, GORSKI, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00343

JOSEPH F. GAGNON, JR. AND SHARON GAGNON, PLAINTIFFS-APPELLANTS, V ST. JOSEPH'S HOSPITAL, THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, RICHARD KELLY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENCY AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, DAVID ENG, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENCY AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, CRAIG MONTGOMERY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENCY AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, DEFENDANTS-RESPONDENTS.

Respondents David Eng, M.D. and Craig Montgomery, M.D. having moved and respondent Richard Kelly, M.D. having separately moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 30, 2010,

Now, upon reading and filing the affidavit of Andrew S. Horsfall, Esq. sworn to June 13, 2011, and the affidavit of Joshua M. Gillette, Esq. sworn to June 16, 2011, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before July 25, 2011, 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 August 9, 2011.

Entered: June 28, 2011

Patricia L. Morgan, Clerk