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.)

Plaintiff having moved to dismiss the appeals from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 15, 2011 (Docket No. CA 11-00618), and March 10, 2011 (Docket No. CA 11-00620), on the ground that appellants have failed to perfect timely the appeal, and

Defendants Kaleida Health, doing business as Buffalo General Hospital, and Mark Laftavi, M.D. having separately moved to withdraw their appeals taken herein from the orders 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), and February 15, 2011 (Docket No. CA 11-00618), and to extend the time to perfect their appeal from the judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 10, 2011 (Docket No. CA 11-00620),and

Defendant Kenneth Beasley, M.D., having cross-moved to extend the time to perfect his appeal taken from the judgment entered March 10, 2011 (Docket No. CA 11-00620),

Now, upon reading and filing the affidavit of R. Colin Campbell, Esq. sworn to May 19, 2011, the affidavit of Betsy Finnerty, Esq. sworn to May 28, 2011, the affidavit of Elizabeth G. Adymy, Esq. sworn to May 23, 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 dismiss the appeals taken from the order entered February 15, 2011 (Docket No. CA 11-00618), is dismissed as moot, and

It is further ORDERED that plaintiff's motion insofar as it seeks to dismiss the appeals taken from the judgment entered March 10, 2011 (Docket No. CA 11-00620), for failure to perfect timely the appeals is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before August 22, 2011, and

It is further ORDERED that defendants Kaleida Health and Mark Laftavi, M.D.'s motion and defendant Kenneth Beasley, M.D.'s cross motion insofar as they seek an extension of time to perfect their appeals taken from the judgment entered March 10, 2011 (Docket No. CA 11-00620), are dismissed as unnecessary, and

It is further ORDERED that defendants Kaleida Health and Mark Laftavi, M.D.'s motion insofar as it seeks to withdraw their appeals from the orders entered November 12, 2010 (Appeal No. 1), and February 15, 2011 (Appeal No. 2), is dismissed as moot.

Entered: June 23, 2011

Patricia L. Morgan, Clerk