| 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 89239(U) |
| Decided on October 25, 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
DOCKET NO. CA 12-01856
| 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., PLAINTIFF-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.,
PLAINTIFF-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 NEAL, M.D.,
AND TWENTY 20 EYE CARE AND AESTHETIC OCULOPLASTIC MEDICINE, PLLC, DEFENDANTS-APPELLANTS. (APPEAL NO.
3.) MELISSA NEAL, M.D., PLAINTIFF-APPELLANT, V EDWARD A. LEGARRETA, M.D., LEGARRETA EYE CENTER, AND SALLY
LEGARRETA, DEFENDANTS-RESPONDENTS. (APPEAL NO. 4.) |
Appellants having moved to consolidate the appeal taken herein from order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 18, 2012 (appeal No. 4), with the previously consolidated appeal Nos. 1, 2, and 3 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, 2, and 3,
Now, upon reading and filing the affidavit of James I. Myers, Esq., sworn to October 2, 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 is granted insofar as it seeks to consolidate appeal No. 4 with the previously consolidated appeal Nos. 1, 2, and 3, and those appeals 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 the second ordering paragraph of the order of this Court entered August 22, 2012, is hereby amended by deleting the date November 1, 2012, and inserting in its place the date February 1, 2013, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 3 is granted to the extent that appellants shall perfect the appeal on or before February 1, 2013, and in the event of failure to so perfect the appeal is hereby dismissed without further order.
Entered: October 25, 2012
Frances E. Cafarell, Clerk