DOREEN DENGLER AND CHARLES DENGLER, V STEVEN J. POSNICK, M.D., , AND HIGHLAND HOSPITAL, UNIVERSITY OF ROCHESTER AND
Motion No: CA 09-02609
Slip Opinion No: 2010 NY Slip Op 78889(U)
Decided on July 29, 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.


July 29, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 09-02609

DOREEN DENGLER AND CHARLES DENGLER,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

STEVEN J. POSNICK, M.D., DEFENDANT-APPELLANT-RESPONDENT, AND

HIGHLAND HOSPITAL, UNIVERSITY OF ROCHESTER AND STRONG

PARTNERS HEALTH SYSTEMS, INC., DEFENDANTS.


Appellant-respondent Steven J. Posnick, M.D. having moved to consolidate the appeals and to extend the time to perfect an appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 12, 2009,

Now, upon reading and filing the affirmation of Christopher S. Noone, Esq. dated July 9, 2010, the notice of motion with proof of service thereof, 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 judgment and order entered November 12, 2010 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appellant-respondent's appeal is granted and appellant-respondent shall perfect the appeal on or before October 25, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 29, 2010

Patricia L. Morgan, Clerk