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

DOCKET NO. CA 11-00476
DOCKET NO. CA 11-00618
DOCKET NO. CA 11-00620

DARNELL BACKUS, PLAINTIFF-APPELLANT, V KALEIDA HEALTH, DOING BUSINESS AS BUFFALO GENERAL HOSPITAL AND KENNETH BEASLEY, M.D., DEFENDANTS-APPELLANTS, MARK LAFTAVI, M.D., DEFENDANT, AND BOONCHUAY ANUNTA, M.D., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) DARNELL BACKUS, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH DOING BUSINESS AS BUFFALO GENERAL HOSPITAL, KENNETH BEASLEY, M.D., MARK LAFTAVI, M.D., DEFENDANTS-APPELLANTS, AND BOONCHUAY ANUNTA, M.D., DEFENDANT-RESPONDENT. (APPEAL NO. 2.) DARNELL BACKUS, PLAINTIFF-RESPONDENT, V KALEIDA HEALTH DOING BUSINESS AS BUFFALO GENERAL HOSPITAL, KENNETH BEASLEY, M.D., MARK LAFTAVI, M.D., DEFENDANTS-APPELLANTS, AND BOONCHUAY ANUNTA, M.D., DEFENDANT-RESPONDENT. (APPEAL NO. 3.)

Defendant-respondent having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 12, 2010 (Docket No. CA 11-00476), on the ground that plaintiff, Kaleida Health, and Kenneth Beasley, M.D. failed to perfect timely their appeals, and defendant-respondent having moved to dismiss the appeals of Kaleida Health and Kenneth Beasley, M.D. from said order on the ground that those appellants failed to oppose defendant-respondent's motion for a directed verdict, and

Defendants Kaleida Health, Kenneth Beasley, M.D., and Mark Laftavi, M.D. having cross-moved to extend the time to perfect the appeals of Kaleida Health and Kenneth Beasley, M.D. taken from the order entered November 12, 2010 (Docket No. CA 11-00476), and

Plaintiff having cross-moved to consolidate the appeals from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 12, 2010 (Docket No. CA 11-00476), February 15, 2011 (Docket No. CA 11-00618), and March 10, 2011 (Docket No. CA 11-00620),

Now, upon reading and filing the affidavit of Daniel K. Comerford, Esq. sworn to March 4, 2011, the affidavit of Gregory T. Miller, Esq. sworn to March 21, 2011, the affidavit of Betsy Finnerty, Esq. sworn to March 22, 2011, the affidavit of R. Colin Campbell, Esq. sworn to March 22, 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 defendant-respondent's motion is granted insofar as it seeks to dismiss Kaleida Health's and Kenneth Beasley, M.D.'s appeals from the order entered November 12, 2010 (see M & C Brothers, Inc. v Torum, 75 AD3d 869, 870; Figiel v Met Food, 48 AD3d 330; Adamson v Evans, 283 AD2d 527, 527), and

It is further ORDERED that the cross motions insofar as they seek an extension of time for Kaleida Health and Kenneth Beasely, M.D. to perfect their appeals taken from the order entered November 12, 2010, are dismissed on the ground that those appeals have been dismissed, and

It is further ORDERED that defendant-respondent's motion is granted insofar as it seeks to dismiss plaintiff's appeal from the order entered November 12, 2010, for failure to perfect timely the appeal, and the appeal is dismissed without further order unless the appeal is perfected on or before July 25, 2011, and

It is further ORDERED that the appeals from the order entered February 15, 2011, are dismissed and the issues raised on the appeals from the order entered February 15, 2011, are brought up for review on the appeals from the judgment entered March 10, 2011 (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; CPLR 5501 [a] [1]), and

It is further ORDERED that plaintiff's cross motion insofar as it seeks to consolidate the appeals taken from the orders and judgment entered November 12, 2010, February 15, 2011, and March 10, 2011, is denied.

Entered: May 25, 2011

Patricia L. Morgan, Clerk