| JANICE MAZELLA, AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH MAZELLA, DECEASED V WILLIAM BEALS, M.D. AND ELISABETH |
| Motion No: CA 14-00290 |
| Slip Opinion No: 2014 NY Slip Op 69648(U) |
| Decided on April 16, 2014 |
| 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 14-00290
DOCKET NO. CA 14-00291
| JANICE MAZELLA, AS ADMINISTRATRIX OF THE ESTATE OF
JOSEPH MAZELLA, DECEASED, PLAINTIFF-APPELLANT, V WILLIAM BEALS, M.D. AND ELISABETH MASHINIC, M.D.,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) JANICE MAZELLA, AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH MAZELLA,
DECEASED, PLAINTIFF-APPELLANT, V WILLIAM BEALS, M.D. AND ELISABETH MASHINIC, M.D., DEFENDANTS-RESPONDENTS.
(APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from judgments of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 29, 2013, and May 21, 2013, and having moved for an extension of time to perfect the appeals, and
Respondent Elisabeth Mashinic, M.D. having cross-moved to dismiss the appeals from the judgments entered April 29, 2013, and May 21, 2013,
Now, upon reading and filing the affirmations of Alessandra DeBlasio, Esq., dated February 13, 2014, February 14, 2014, and February 21, 2014, the affidavit of Anthony R. Brighton, Esq., sworn to February 19, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the judgments entered April 29, 2013, and May 21, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that appellant's motion is granted insofar as it seeks an extension of time to perfect the appeals, and appellant shall perfect the appeals on or before May 15, 2014, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and
It is further ORDERED that the cross motion is denied with leave to raise in a respondent's brief the argument for dismissal of the appeal from the judgment entered April 29, 2013, on the ground that it is superseded by the judgment entered May 21, 2013.
Entered: April 16, 2014
Frances E. Cafarell, Clerk