PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND CARNI, JJ.

MOTION NO. 1466-12
DOCKET NO. CA 12-00809

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 & AMSLER, LLP, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)

Defendants and Usha Chopra, M.D. having separately moved for leave to appeal to the Court of Appeals from the order of this Court entered March 15, 2013, and having moved for a stay ofthe nonparty deposition at issue pending the determination of this appeal by the Court of Appeals, and for other relief,

Now, upon reading and filing the affidavit of Elizabeth G. Adymy, Esq., sworn to April 18, 2013, the affidavit of Nancy E. May-Skinner, Esq., sworn to April 18, 2013, the notices of motion and cross motion with proof of service thereof, and the affidavit of Brian P. Fitzgerald, Esq., sworn to April 25, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motions insofar as they seek a stay of the nonparty deposition at issue pending the determination of this appeal by the Court of Appeals are granted, and

It is further ORDERED that the motions insofar as they seek leave to appeal to the Court of Appeals are granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered March 15, 2013, properly made?

Entered: June 7, 2013

Frances E. Cafarell, Clerk