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

DOCKET NO. CA 11-01350
DOCKET NO. CA 12-01319
DOCKET NO. CA 11-02507

NIESHA HAYNES, PLAINTIFF-APPELLANT, V KALEIDA HEALTH, CHILDREN'S HOSPITAL, KEVIN FITZPATRICK, M.D. AND MARGARET MULVIHILL, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) NIESHA HAYNES, PLAINTIFF-APPELLANT, V KALEIDA HEALTH, CHILDREN'S HOSPITAL, KEVIN FITZPATRICK, M.D. AND MARGARET MULVIHILL, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) NIESHA HAYNES, PLAINTIFF-APPELLANT, V KALEIDA HEALTH, CHILDREN'S HOSPITAL, KEVIN FITZPATRICK, M.D. AND MARGARET MULVIHILL, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 3.)

Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 11, 2011 (appeal No. 3), on the ground that appellant has failed to perfect timely the appeal, and

Appellant having cross-moved to consolidate the appeals from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 2, 2011 (appeal No. 1), September 15, 2011 (appeal No. 2), and October 11, 2011 (appeal No. 3),

Now, upon reading and filing the affidavits of Nicole D. Schreib, Esq., sworn to June 22, 2012, and July 14, 2012, the affidavits of Katherine E. Wild, Esq., sworn to June 28, 2012, and July 13, 2012, the affidavit of Niesha Haynes sworn to July 9, 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 respondents' motions are granted and appeal No. 3 is dismissed without further order unless the appeal is perfected on or before September 24, 2012, and

It is further ORDERED that appellant's cross motion to consolidate the appeals is dismissed on the ground that appeal Nos. 1 and 2 have been dismissed pursuant to this Court's rules (see 22 NYCRR 1000.12 [b]).

Entered: July 25, 2012

Frances E. Cafarell, Clerk