Appellate Division: Second Judicial Department

M108778

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-02287, 2010-02781, 2010-04808 Denise M. Covert, etc., et al., respondents, v Richard F. Walker, etc., et al., defendants, Michael White, et al., appellants. (Appeal No. 1) Denise M. Covert, et al., respondents, v Richard F. Walker, etc., et al., appellants, et al., defendants. (Appeal No. 2) Denise M. Covert, etc., et al., respondents, v Richard F. Walker, etc., et al., defendants, Elizabeth Ramirez, et al., appellants. (Appeal No. 3) (Index No. 6640/08)

DECISION & ORDER ON MOTION

Motion by the respondents to consolidate appeals from three orders of the Supreme Court, Orange County, all dated February 8, 2010, to take judicial notice of the briefs and records filed in connection with those appeals, and to enlarge the time to serve and file a brief or briefs. Cross motion by the appellants Orange Regional Medical Center, Michael White, and Radiologic Associates, P.C., to deem the appeal under Appellate Division Docket No. 2010-02287 to be submitted without opposition. Separate cross motion by the appellants Orange Regional Medical Center, Elizabeth Ramirez, and Radiologic Associates, P.C., to deem the appeal under Appellate Division Docket No. 2010-04808 to be submitted without opposition.

Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to take judicial notice of the briefs and records filed in connection with the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief or briefs is granted to the extent that the respondents' time to serve and file separate briefs with respect to each appeal is enlarged until October 25, 2010, and the respondents' briefs must be served and filed on or before that date, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the cross motions are denied.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court