RENEE SCIARA AND MATTHEW SCIARA, V SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C., AND GEORGE BLESSIOS, M.D.
Motion No: CA 12-00809
Slip Opinion No: 2012 NY Slip Op 74215(U)
Decided on May 24, 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.


May 24, 2012

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

DOCKET NO. CA 12-00809
DOCKET NO. CA 12-00810

RENEE SCIARA AND MATTHEW SCIARA,

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C.,

AND GEORGE BLESSIOS, M.D., DEFENDANTS-RESPONDENTS.



USHA CHOPRA, M.D. AND FAGER AND AMSLER, LLP,

RESPONDENTS-APPELLANTS.

(APPEAL NO. 1.)

RENEE SCIARA AND MATTHEW SCIARA,

PLAINTIFFS-APPELLANTS,

V

SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C.,

AND GEORGE BLESSIOS, M.D., DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Plaintiffs 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 September 14, 2011, and September 19, 2011, and to preclude defendants and their counsel from participating in appeal No. 1,

Now, upon reading and filing the affidavits of Brian P. Fitzgerald, Esq., sworn to April 20, 2012, and May 10, 2012, the notice of motion with proof of service thereof, and the affidavit of Elizabeth G. Adymy, Esq., sworn to May 7, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders entered September 14, 2011, and September 19, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is otherwise denied.

Entered: May 24, 2012

Frances E. Cafarell, Clerk