| WALDEMAR H. JURKOWSKI, BY EDWARD C. COSGROVE, GUARDIAN OF HIS PERSON AND PROPERTY V SHEEHAN MEMORIAL HOSPITAL |
| Motion No: CA 10-00432 |
| Slip Opinion No: 2010 NY Slip Op 77009(U) |
| Decided on July 13, 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, CENTRA, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00432
DOCKET NO. CA 10-00435
DOCKET NO. CA 10-00436
| WALDEMAR H. JURKOWSKI, BY EDWARD C. COSGROVE, GUARDIAN OF HIS
PERSON AND PROPERTY, PLAINTIFF-APPELLANT, V SHEEHAN MEMORIAL HOSPITAL, ET AL., DEFENDANTS, BHAVANSA PADMANABHA, M.D.,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) WALDEMAR H. JURKOWSKI, BY EDWARD C. COSGROVE, GUARDIAN OF HIS PERSON AND PROPERTY,
PLAINTIFF-APPELLANT, V SHEEHAN MEMORIAL HOSPITAL, ET AL.,DEFENDANTS, MADAN G. CHUGH, M.D., DEFENDANT-RESPONDENT.
(APPEAL NO. 3.) WALDEMAR H. JURKOWSKI, BY EDWARD C. COSGROVE, GUARDIAN HIS PERSON AND PROPERTY, PLAINTIFF-APPELLANT, V
SHEEHAN MEMORIAL HOSPITAL, DEFENDANT-RESPONDENT. (APPEAL NO. 4.) |
Appellant having moved for permission to proceed as a poor person on, consolidate, and extend time to perfect the appeals taken herein from judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 29, 2009, January 11, 2010, and January 21, 2010,
Now, upon reading and filing the affidavits of Edward C. Cosgrove, Esq. sworn to June 17, 2010, the notice of motion with proof of service thereof, the affidavit of Elizabeth G. Adymy, Esq. sworn to June 28, 2010, the affidavit of Stephanie Joy Calhoun, Esq. dated June 30, 2010, the affidavit of Sally J. Broad, Esq. sworn to June 30, 2010, the affidavit of Tamsin J. Hager, Esq. sworn to July 1, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the judgments entered December 29, 2009, January 11, 2010, and January 21, 2010 are hereby consolidated for the purpose of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to
perfect the appeals is granted to the extent that the first ordering paragraph of the order of this Court entered April 20, 2010 is hereby amended by deleting the date June 21, 2010 and inserting in its place the date September 13, 2010, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied, with leave to renew upon the filing and service of a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: July 13, 2010
Patricia L. Morgan, Clerk