| RANDY RATAJCZAK, AS ADMINISTRATOR OF THE ESTATE OF MARY RATAJCZAK V MAHMOOD YOONESSI, M.D. AND MAHMOOD YOONESSI, M.D. |
| Motion No: CA 09-00846 |
| Slip Opinion No: 2009 NY Slip Op 90199(U) |
| Decided on December 2, 2009 |
| 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., HURLBUTT, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00846
TIMOTHY TROST, ESQ., AND DOES 1-20, THIRD-PARTY
| RANDY RATAJCZAK, AS ADMINISTRATOR OF THE ESTATE OF MARY RATAJCZAK,
PLAINTIFF-RESPONDENT, V MAHMOOD YOONESSI, M.D. AND MAHMOOD YOONESSI, M.D., P.C., DEFENDANTS-APPELLANTS, MAHMOOD
YOONESSI, M.D. AND MAHMOOD YOONESSI, M.D., P.C., THIRD-PARTY PLAINTIFFS-APPELLANTS, V SHASHIKANT LELE, M.D., AND HIS
COLLABORATORS, AS FOLLOWS: JEANINE VILLELLA, SAMEER SHARMA, WILLIAM A. DILLON, DANIEL KREDENTSER, LAWRENCE STERNBERG, ANTONIA C.
NOVELLO, STEPHEN GOODNOUGH, RONALD WENDER, ALL M.D.S, DEFENDANTS-RESPONDENTS. |
Appellants having renewed the motion to vacate the dismissal 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 June 27, 2008,
Now, upon reading and filing the affirmation of Mahmood Yoonessi dated November 2, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Buechel v Bain, 97 NY2d 295, 303-304 [2001], cert denied 535 US 1096 [2002]).
Entered: December 2, 2009
Patricia L. Morgan, Clerk