| JOSEPH G. RUSNAK, M.D., MARY TURKIEWICZ, M.D., JAMES FITZGERALD, M.D., JOHN FITZGERALD, M.D., AND CLAUDIA FOSKET, M.D. |
| Motion No: CA 17-01762 |
| Slip Opinion No: 2017 NY Slip Op 93220(U) |
| Decided on November 21, 2017 |
| 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: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-01762
| JOSEPH G. RUSNAK, M.D., MARY TURKIEWICZ, M.D., JAMES FITZGERALD, M.D.,
JOHN FITZGERALD, M.D., AND CLAUDIA FOSKET, M.D., PLAINTIFFS-RESPONDENTS, V THOMAS O. MASON, M.D., ET AL., DEFENDANTS,
SOUTHTOWNS RADIOLOGY, LLC, DEFENDANT-APPELLANT. |
Respondents having 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 Erie on May 19, 2017, and appellant having cross-moved for an extension of time to file and serve a reply brief,
Now, upon reading and filing the affirmation of David J. McNamara, Esq., dated November 2, 2017, the affirmation of Mitchell J. Banas, Esq., dated November 13, 2017, 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 respondents' motion is granted on the condition that the brief is filed and served on or before December 6, 2017, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that appellant's cross motion is granted and the reply briefs shall be filed and served on or before December 20, 2017.
Entered: November 21, 2017
Mark W. Bennett, Clerk