JANERIO ALDRIDGE, M.D., HASHMAT ASHRAF, M.B.B.S., F.R.C.S., LUJEAN JENNINGS, PH.D., M.D., AND BUFFALO THORACIC SURGICAL
Motion No: CA 12-00521
Slip Opinion No: 2012 NY Slip Op 68662(U)
Decided on March 26, 2012
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.


March 26, 2012

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

DOCKET NO. CA 12-00521

JANERIO ALDRIDGE, M.D.,

HASHMAT ASHRAF, M.B.B.S., F.R.C.S.,

LUJEAN JENNINGS, PH.D., M.D., AND

BUFFALO THORACIC SURGICAL ASSOCIATES, P.C.,

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

RICHARD F. BRODMAN, M.D., AND

BUFFALO CARDIOTHORACIC SURGICAL, PLLC,

DEFENDANTS-RESPONDENTS-APPELLANTS.

RICHARD F. BRODMAN, M.D., AND

BUFFALO CARDIOTHORACIC SURGICAL, PLLC, THIRD-PARTY

PLAINTIFFS-APPELLANTS,

V

KALEIDA HEALTH, THIRD-PARTY DEFENDANT-RESPONDENT.


Respondents-appellants having moved and appellants-respondents having cross-moved to consolidate their appeals and to extend the time to perfect their appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 5, 2011,

Now, upon reading and filing the affidavit of Beverley S. Braun, Esq., sworn to March 16, 2012, the affidavit of Robert L. Lash, Esq., sworn to March 16, 2012, 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 and cross motion insofar as they seek to consolidate the appeals are granted and the appeals from the order entered July 5, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion and cross motion insofar as they seek an extension of time to perfect their appeals is granted and respondents-appellants and appellants-respondents shall perfect their appeals on or before May 18, 2012, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: March 26, 2012

Frances E. Cafarell, Clerk