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

DOCKET NO. CA 12-01665

INTER-COMMUNITY MEMORIAL HOSPITAL OF NEWFANE, INCORPORATED NOW KNOWN AS EASTERN NIAGARA HOSPITAL, INC., AND INTEGRATED CARE SYSTEMS, LLC, DOING BUSINESS AS NEWFANE REHABILITATION & HEALTH CARE CENTER, PLAINTIFFS-RESPONDENTS, V THE HAMILTON WHARTON GROUP, INC. WALTER B. TAYLOR, AS MANAGING DIRECTOR OF THE NEW YORK HEALTH CARE FACILITIES WORKERS' COMPENSATION TRUST AND INDIVIDUALLY, LINDA VILLANO, PHYLLIS ETTINGER, DANIEL MUSKIN, AND ELIZABETH ROSENBERG, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

Plaintiffs having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 1, 2012, on the ground that appellants have failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of David E. Gutowski, Esq., dated August 31, 2012, the notice of motion with proof of service thereof, the affirmation of Peter A. Lauricella, Esq., dated September 13, 2012, and the affirmation of Melissa A. Day, Esq., dated September 13, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeals of appellants Daniel Muskin, Phyllis Ettinger, and Elizabeth Rosenberg is granted and the appeals are dismissed without further order unless the appeals are perfected on or before November 19, 2012, and

It is further ORDERED that the motion insofar as it seeks to dismiss the appeals of appellants The Hamilton Wharton Group, Inc., Walter B. Taylor, as Managing Director of The New York Health Care Facilities Workers' Compensation Trust, and Linda Villano is granted and the appeals are dismissed without costs.

Entered: September 18, 2012

Frances E. Cafarell, Clerk