| LISA M. OAKES, INDIVIDUALLY AND EXECUTRIX OF THE ESTATE OF DANIEL C. OAKES, DECEASED V RAJNIKANT PATEL, M.D., SATISH K. |
| Motion No: CA 14-00001 |
| Slip Opinion No: 2014 NY Slip Op 62588(U) |
| Decided on January 23, 2014 |
| 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 14-00001
DOCKET NO. CA 14-00002
DOCKET NO. CA 14-00003
| LISA M. OAKES, INDIVIDUALLY AND EXECUTRIX OF THE ESTATE
OF DANIEL C. OAKES, DECEASED, PLAINTIFF, V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D., DEFENDANTS, KALEIDA HEALTH,
AS SUCCESSOR IN INTEREST TO MILLARD FILLMORE HOSPITALS DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL,
DEFENDANT-RESPONDENT. COUNTY OF CATTARAUGUS, APPELLANT. (APPEAL NO. 1.) LISA M. OAKES, INDIVIDUALLY
AND EXECUTRIX OF THE ESTATE OF DANIEL C. OAKES, DECEASED, PLAINTIFF, V RAJNIKANT PATEL, M.D.,
DEFENDANT-RESPONDENT, SATISH K. MONGIA, M.D., KALEIDA HEALTH, AS SUCCESSOR IN INTEREST TO MILLARD FILLMORE HOSPITALS
DOING BUSINESS AS MILLARD FILLMORE SUBURBAN HOSPITAL, DEFENDANTS.
COUNTY OF CATTARAUGUS, APPELLANT. (APPEAL NO. 2.) LISA M. OAKES, INDIVIDUALLY AND
EXECUTRIX OF THE ESTATE OF DANIEL C. OAKES, DECEASED, PLAINTIFF, V RAJNIKANT PATEL, M.D., SATISH K. MONGIA, M.D.,
KALEIDA HEALTH, AS SUCCESSOR IN INTEREST TO MILLARD FILLMORE HOSPITALS DOING BUSINESS AS MILLARD FILLMORE SUBURBAN
HOSPITAL, DEFENDANTS-RESPONDENTS.
COUNTY OF CATTARAUGUS, APPELLANT. (APPEAL NO. 3.) |
Appellant County of Cattaraugus having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 17, 2013 (appeal Nos. 1 and 2), and May 22, 2013 (appeal No. 3), and
Respondent Rajnikant Patel., M.D. having cross-moved to dismiss the appeals as they relate to that respondent on the grounds of settlement, release, and mootness,
Now, upon reading and filing the affidavit of Janine C. Fodor, Esq., sworn to December 18, 2013, the affidavit of Ann M. Campbell, Esq., sworn to January 2, 2014, the notices of motion and cross motion with proof of service thereof, and the affirmation of Edward J. Wagner, Esq., dated January 3, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the orders entered May 17, 2013, and May 22, 2013 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that respondent Rajnikant Patel., M.D.'s cross motion is denied with leave to raise the issues raised in the cross motion in the respondent's briefs and to renew the cross motion at oral argument.
Entered: January 23, 2014
Frances E. Cafarell, Clerk