| DONNA MASCELLINO AND LUCIAN MASCELLINO V ROBERT M. CHICK, D.D.S. , SHAKEEL AHMAD, M.D., DONALD W. HOHMAN, JR., GRANT |
| Motion No: CA 14-00141 |
| Slip Opinion No: 2014 NY Slip Op 69617(U) |
| Decided on April 15, 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, FAHEY, AND CARNI, JJ.
DOCKET NO. CA 14-00141
| DONNA MASCELLINO AND LUCIAN MASCELLINO,
PLAINTIFFS-RESPONDENTS, V ROBERT M. CHICK, D.D.S., ET AL., DEFENDANTS, SHAKEEL AHMAD, M.D., DONALD W. HOHMAN, JR.,
GRANT SORKIN, M.D., OCTAVIA F. BALAN, M.D., AND KALEIDA HEALTH,
DEFENDANTS-APPELLANTS. |
Appellants having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on October 17, 2013, and
Respondents having cross-moved for an extension of time to file and serve a respondents' brief,
Now, upon reading and filing the affidavits of Mark Spitler, Esq., sworn to February 12, 2014, and March 3, 2014, the affidavit of John A. Collins, Esq., sworn to February 20, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion is denied, and
It is further ORDERED that respondents' cross motion is granted on the condition that the brief is filed and served on or before May 15, 2014, 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 May 30, 2014.
Entered: April 15, 2014
Frances E. Cafarell, Clerk