| MOTION NO. 278 DANIEL C. OAKES AND LISA M. OAKES V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D., AND KALEIDA HEALTH |
| Motion No: CA 10-00367 |
| Slip Opinion No: 2011 NY Slip Op 86379(U) |
| Decided on September 30, 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. |
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 10-00367
| MOTION NO. 278 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. |
Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered August 19, 2011,
Now, upon reading and filing the affidavit of Ann M. Campbell, Esq., sworn to August 26, 2011, the affidavit of Michael J. Willett, Esq., sworn to August 26, 2011, and the affidavit of Elizabeth G. Adymy, Esq., sworn to August 26, 2011, the notices of motion with proof of service thereof, and the affidavit of Ronald J. Wright, Esq., sworn to September 1, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motions insofar as they seek reargument are denied, and
It is further ORDERED that the motions insofar as they seek leave to appeal to the Court of Appeals are granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered August 19, 2011, properly made?
Entered: September 30, 2011
Patricia L. Morgan, Clerk