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

DOCKET NO. CA 11-00509
DOCKET NO. CA 11-00510

NANCY S. WULBRECHT, AS ADMINISTRATRIX OF THE ESTATE OF ROBERT M. WULBRECHT, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, V DIETRICH JEHLE, M.D., DENISE GIESSERT, M.D., AND SUBHDEEP VIRK, M.D., DEFENDANTS, ERIE COUNTY MEDICAL CENTER CORPORATION, DEFENDANT-RESPONDENT, VICTORIA BROOKS, M.D. AND HONG YU, M.D., DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.) NANCY S. WULBRECHT, AS ADMINISTRATRIX OF THE ESTATE OF ROBERT M. WULBRECHT, DECEASED, PLAINTIFF-APPELLANT, V DIETRICH JEHLE, M.D., ET AL., DEFENDANTS, ERIE COUNTY MEDICAL CENTER CORPORATION, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Plaintiff having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 13, 2010 (Appeal No. 1), and October 13, 2010 (Appeal No. 2), and defendants-appellants-respondents having cross-moved for an extension of time to perfect their appeal from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 13, 2010 (Appeal No. 1), and defendant Erie County Medical Center Corporation having cross-moved to dismiss plaintiff's appeal from the order entered July 13, 2010, on the ground that the October 13, 2010, order supercedes that order,

Now, upon reading and filing the affidavit of Michael R. Drumm, Esq. sworn to March 8, 2011, the affidavit of Tomas J. Callocchia, Esq. sworn to March 11, 2011, the affidavit of Elizabeth G. Adymy, Esq. sworn to March 16, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's motion insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that defendants-appellants-respondents' cross motion for an extension of time to perfect their appeal from the order entered July 13, 2010, is granted and defendants-appellants-respondents shall perfect their appeal on or before May 19, 2011, and, in the event of failure to so perfect, their appeal is hereby dismissed without further order, and

It is further ORDERED that defendant Erie County Medical Corporation's cross motion, insofar as it seeks to dismiss plaintiff's appeal from the order entered July 13, 2010 (Appeal No. 1), is granted (see Bruno v Gosy, 48 AD3d 1147, 1148; Loafin' Tree Rest. v Pardi, 162 AD2d 985).

Entered: April 19, 2011

Patricia L. Morgan, Clerk