| EDWARD A. LEGARRETA, M.D. V MELISSA A.L. NEAL, M.D., AND TWENTY 20 EYE CARE AND AESTHETIC OCULOPLASTIC MEDICINE, PLLC |
| Motion No: CA 12-01410 |
| Slip Opinion No: 2012 NY Slip Op 82309(U) |
| Decided on August 22, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01410
DOCKET NO. CA 12-01411
DOCKET NO. CA 12-01412
| EDWARD A. LEGARRETA, M.D., PLAINTIFF-RESPONDENT, V
MELISSA A.L. NEAL, M.D., AND TWENTY 20 EYE CARE AND AESTHETIC OCULOPLASTIC MEDICINE, PLLC, DEFENDANTS-APPELLANTS.
MELISSA NEAL, M.D., PLANITFF-APPELLANT, V EDWARD A. LEGARRETA, M.D., LEGARRETA EYE CENTER, AND SALLY LEGARRETA,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) EDWARD A. LEGARRETA, M.D., PLAINTIFF-RESPONDENT, V MELISSA A.L. NEAL,
M.D., AND TWENTY 20 EYE CARE AND AESTHETIC OCULOPLASTIC MEDICINE, PLLC, DEFENDANTS-APPELLANTS. MELISSA NEAL, M.D.,
PLANITFF-APPELLANT, V EDWARD A. LEGARRETA, M.D., LEGARRETA EYE CENTER, AND SALLY LEGARRETA,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) EDWARD A. LEGARRETA, M.D., PLAINTIFF-RESPONDENT, V MELISSA A.L. NEAL,
M.D., AND TWENTY 20 EYE CARE AND AESTHETIC OCULOPLASTIC MEDICINE, PLLC, DEFENDANTS-APPELLANTS. (APPEAL NO.
3.) |
Appellants having moved to consolidate the appeals taken herein from orders and an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 19, 2011 (appeal No. 1), January 25, 2012 (appeal No. 2), and March 1, 2012 (appeal No. 3), and having moved for an extension of time to perfect appeal Nos. 1 and 2,
Now, upon reading and filing the affidavit of James I. Myers, Esq., sworn to August 1, 2012, and the notice of motion with proof of service thereof, 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 and order and judgment entered December 19, 2012, January 25, 2012, and March 1, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 1 and 2 is granted to the extent that appellants shall perfect the appeals on or before November 1, 2012, and, in the event of failure to so perfect, those appeals are hereby dismissed without further order.
Entered: August 22, 2012
Frances E. Cafarell, Clerk