Opinion
DOCKET NO. CA 13-01514
10-22-2013
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.
PRESENT: , P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
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.
Frances E. Cafarell, Clerk