| CATHERINE M. GOODWYN AND JAY GOODWYN V GEORGE C. KALONAROS, M.D. |
| Motion No: NOS. CA 11-00622 AND CA 11-00623 |
| Slip Opinion No: 2011 NY Slip Op 71045(U) |
| Decided on April 22, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 11-00622 AND CA 11-00623
| CATHERINE M. GOODWYN AND JAY GOODWYN,
PLAINTIFFS-APPELLANTS, V GEORGE C. KALONAROS, M.D., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 16, 2010, and December 21, 2010, on the ground that appellants have failed to perfect timely the appeals,
Appellants having cross-moved to consolidate the appeals from the aforementioned orders and judgment,
Now, upon reading and filing the affidavits of Colleen K. Mattrey, Esq. sworn to March 10, 2011, and March 21, 2011, the affirmation of Jennifer L. Fay, Esq. dated April 4, 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 the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before June 21, 2011, and
It is further ORDERED that the cross motion is granted and the appeals from the order and judgment entered November 16, 2010, and the order entered December 21, 2010, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: April 22, 2011
Patricia L. Morgan, Clerk