| RICHARD WINIARSKI AND CATHLEEN WINIARSKI V LINDA HARRIS, M.D. AND UNIVERSITY AT BUFFALO SURGEONS, INC. KALEIDA HEALTH |
| Motion No: CA 10-00374 |
| Slip Opinion No: 2010 NY Slip Op 67222(U) |
| Decided on March 24, 2010 |
| 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., MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 10-00374
DOCKET NO. CA 10-00490
DOCKET NO. CA 10-00585
| RICHARD WINIARSKI AND CATHLEEN WINIARSKI, PLAINTIFFS-RESPONDENTS,
V LINDA HARRIS, M.D. AND UNIVERSITY AT BUFFALO SURGEONS, INC., DEFENDANTS-APPELLANTS, KALEIDA HEALTH SYSTEM DOING BUSINESS AS
MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS. (APPEAL NO. 1.) RICHARD WINIARSKI AND CATHLEEN WINIARSKI,
PLAINTIFFS-RESPONDENTS, V LINDA HARRIS, M.D. AND UNIVERSITY AT BUFFALO SURGEONS, INC., DEFENDANTS-APPELLANTS, KALEIDA
HEALTH SYSTEM DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS. (APPEAL NO. 2.) RICHARD WINIARSKI AND CATHLEEN
WINIARSKI, PLAINTIFFS-RESPONDENTS, V LINDA HARRIS, M.D. AND UNIVERSITY AT BUFFALO SURGEONS, INC., DEFENDANTS-APPELLANTS,
KALEIDA HEALTH SYSTEM DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS. (APPEAL NO.
3.) |
Appellants Linda Harris, M.D. and University at Buffalo Surgeons, Inc. having moved for an order consolidating the appeals taken from the orders and the judgment of the Supreme Court
DOCKET NOS. CA 10-00374, CA 10-00490, AND CA 10-00585
MARCH 24, 2010
PAGE 2
entered in the Office of the Clerk of the County of Erie on June 3, 2009, January 12, 2010, and
January 26, 2010, an order extending the time to perfect the appeals, and an order deeming the notice of appeal filed on June 8, 2009, under an incorrect index number, to have been validly filed under the correct index number,
Now, upon reading and filing the affidavit of Tamsin J. Hager sworn to March 4, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals taken by appellants Linda Harris, M.D. and University at Buffalo Surgeons, Inc. from the orders entered June 3, 2009, January 12, 2010, and January 26, 2010, are hereby consolidated, and
It is further ORDERED that the motion to extend the time for appellants Linda Harris, M.D. and University at Buffalo Surgeons, Inc. to perfect their appeals is granted, the consolidated appeals shall be perfected on or before May 24, 2010, and in the event of failure to so perfect the appeals are hereby dismissed without further order, and
It is further ORDERED that the notice of appeal filed June 8, 2009 shall be treated as valid as to the order of the Supreme Court entered June 3, 2009 under Index No. 2007-3375 (see CPLR 5520 [c]).
Entered: March 24, 2010
Patricia L. Morgan, Clerk