| DEREK PAYNE V BUFFALO GENERAL HOSPITAL, STANLEY H. KIM, M.D. VINOD R. PATEL, M.D., HEIDI NARINS SUFFOLETTO, M.D., MEI |
| Motion No: CA 11-02107 |
| Slip Opinion No: 2011 NY Slip Op 88659(U) |
| Decided on November 2, 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 NO. CA 11-02107
DOCKET NO. CA 11-02109
| DEREK PAYNE, PLAINTIFF-RESPONDENT, V BUFFALO GENERAL
HOSPITAL, STANLEY H. KIM, M.D., VINOD R. PATEL, M.D., HEIDI NARINS SUFFOLETTO, M.D., MEI YIM WONG, M.D., DEFENDANTS-APPELLANTS, AND
ACADEMIC MEDICAL SERVICES, INC., DEFENDANT. (APPEAL NO. 1.) DEREK PAYNE, PLAINTIFF-RESPONDENT, V BUFFALO GENERAL
HOSPITAL, STANLEY H. KIM, M.D., VINOD R. PATEL, M.D., HEIDI NARINS SUFFOLETTO, M.D., MEI YIM WONG, M.D., DEFENDANTS-APPELLANTS, AND
ACADEMIC MEDICAL SERVICES, INC., DEFENDANT. (APPEAL NO. 2.) |
Appellants Stanley H. Kim, M.D. and Vinod R. Patel, M.D. (movants) 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 December 21, 2010, and May 10, 2011, and to extend the time to perfect their appeal from the order entered December 21, 2010, and
Respondent having cross-moved to dismiss movants' appeals taken from the orders entered December 21, 2010, and May 10, 2011, on the ground that movants have failed to perfect timely the appeals,
Now, upon reading and filing the affidavits of Meghan M. Brown, Esq., sworn to October 19, 2011, and October 27, 2011, the affidavit of Jeanne M. Vinal, Esq., sworn to October 24, 2011, the notices of motion and cross motion with proof of service thereof, and the affidavit of Katherine E. Wild, Esq., sworn to October 28, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect movants' appeal from the order entered December 21, 2010, is dismissed without prejudice to a motion to vacate dismissal of the appeal pursuant to 22 NYCRR 1000.13 (g), and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals from the orders entered December 21, 2010, and May 10, 2011, is dismissed as premature, and
It is further ORDERED that the cross motion insofar as it seeks to dismiss movants' appeal from the order entered December 21, 2010, is dismissed as unnecessary, and
It is further ORDERED that the cross motion insofar as it seeks to dismiss movants' appeal from the order entered May 10, 2011, is granted and the appeal from the order entered May 10, 2011, is dismissed without further order unless the appeal is perfected on or before January 3, 2012.
Entered: November 2, 2011
Patricia L. Morgan, Clerk