| LISA M. OAKES, AS EXECUTRIX OF THE ESTATE OF DANIEL C. OAKES, DECEASED V RAJNIKANT PATEL, M.D. AND SATISH K. MONGIA |
| Motion No: CA 13-01514 |
| Slip Opinion No: 2013 NY Slip Op 89232(U) |
| Decided on October 22, 2013 |
| 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: SCUDDER, P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 13-01514
| LISA M. OAKES, AS EXECUTRIX OF THE ESTATE OF DANIEL C.
OAKES, DECEASED, PLAINTIFF-RESPONDENT, V RAJNIKANT PATEL, M.D. AND SATISH K. MONGIA, M.D., DEFENDANTS, KALEIDA
HEALTH, AS SUCCESSOR IN INTEREST TO MILLARD FILLMORE HOSPITALS DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL,
DEFENDANT-APPELLANT. |
Appellant having moved for assignment of a new judge, or, in the alternative, for a stay of a trial pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 30, 2013,
Now, upon reading and filing the affidavit of Amy Archer Flaherty, Esq., sworn to August 26, 2013, the notice of motion with proof of service thereof, and the affidavit of Ronald Wright, Esq., sworn to September 12, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 22, 2013
Frances E. Cafarell, Clerk