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

DOCKET NOS. CA 11-02107 AND 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., INC., DEFENDANTS-APPELLANTS, AND ACADEMIC MEDICAL SERVICES, DEFENDANT.

Appellants Stanley H. Kim, M.D. and Vinod R. Patel, M.D. having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 21, 2010, and to consolidate the appeal from the order entered December 21, 2010, with the appeal from an order of said court entered in the Office of the Clerk of the County of Erie on May 10, 2011, and having moved for other relief,

Now, upon reading and filing the affidavit of Meghan M. Brown, Esq., sworn to November 10, 2011, the affidavit of Michael J. Roach, Esq., sworn to November 10, 2011, the notice of motion with proof of service thereof, and the affidavit of Jeanne M. Vinal, Esq., sworn to November 15, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the

appeal from the order entered December 21, 2010, is granted, on the condition that appellants

perfect the appeal on or before January 3, 2012, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders entered December 21, 2010, and May 10, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals on the condition that the appeals are perfected on or before January 3, 2012.

Entered: December 6, 2011

Patricia L. Morgan, Clerk