| LINDA HERBERT, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF DONALD J. HERBERT, DECEASED V EILEEN REILLY, M.D. |
| Motion No: CA 13-01624 |
| Slip Opinion No: 2013 NY Slip Op 87109(U) |
| Decided on September 27, 2013 |
| 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 13-01624
DOCKET NO. CA 13-01625
| LINDA HERBERT, INDIVIDUALLY AND AS ADMINISTRATRIX OF
THE ESTATE OF DONALD J. HERBERT, DECEASED, PLAINTIFF-RESPONDENT, V EILEEN REILLY, M.D., ET AL., DEFENDANTS, ELIZABETH MARIE
LOVE, M.D., AND GERIATRIC ASSOCIATES, LLP, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) LINDA HERBERT, INDIVIDUALLY AND AS
ADMINISTRATRIX OF THE ESTATE OF DONALD J. HERBERT, DECEASED, PLAINTIFF-RESPONDENT, V EILEEN REILLY, M.D.,
DEFENDANT-APPELLANT, ET AL., DEFENDANTS ELDER MEDICAL SERVICES, DEFENDANT-APPELLANT. (APPEAL NO.
2.) |
Appellants Elizabeth Marie Love, M.D. and Geriatric Associates, LLP having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 21, 2013 (appeal No. 1), and April 9, 2013 (appeal No. 2)
Now, upon reading and filing the affidavit of Mark Spitler, Esq., sworn to September 12, 2013, the notice of motion with proof of service thereof, and the affirmation of Mollie C. McGorry, Esq., dated September 18, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals from the orders entered March 21, 2013, and April 9, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: September 27, 2013
Frances E. Cafarell, Clerk