TERRY D. HILLIARD V HIGHLAND HOSPITAL, FAMILY MEDICINE CENTER, DR. MILTON WONG, DR. ANDREW CALL, DR. NICHOLAS
Motion No: NOS. CA 10-01225 AND CA 11-00113
Slip Opinion No: 2011 NY Slip Op 66491(U)
Decided on March 9, 2011
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.


March 9, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NOS. CA 10-01225 AND CA 11-00113

TERRY D. HILLIARD, PLAINTIFF-APPELLANT,

V

HIGHLAND HOSPITAL, FAMILY MEDICINE CENTER,

DR. MILTON WONG, DR. ANDREW CALL,

DR. NICHOLAS NEHRBAUER, DR. ZERBE (TRUE FIRST NAME

UNKNOWN), DR. SMITH (TRUE FIRST NAME UNKNOWN),

DR. DESMONE (TRUE FIRST NAME UNKNOWN),

DR. FARLEY (TRUE FIRST NAME UNKNOWN),

DEFENDANTS-RESPONDENTS,

DEFENDANTS, ET AL.


Appellant having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 18, 2010, and August 6, 2010, and for an extension of time to perfect the appeal from the order and judgment entered March 18, 2010,

Now, upon reading and filing the affirmations of William S. Roby, III, Esq. dated January 13, 2011, and January 27, 2011, the notice of motion with proof of service thereof, and the affidavit of Thomas C. Burke, Esq. sworn to January 19, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks consolidation is granted and the appeals from the orders and judgment entered March 18, 2010, and August 6, 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 the appeal from the order and judgment entered March 18, 2010, is granted to the extent that appellant shall perfect the appeal on or before April 8, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 9, 2011

Patricia L. Morgan, Clerk