| IN RE: SMALL SMILES LITIGATION |
| Motion No: CA 14-00645 |
| Slip Opinion No: 2014 NY Slip Op 70134(U) |
| Decided on April 17, 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 14-00645
| IN RE: SMALL SMILES LITIGATION KELLY VARANO,
AS PARENT AND NATURAL GUARDIAN OF INFANT JEREMY BOHN, BRENDAN FORTINO, AS PARENT AND NATURAL GUARDIAN OF INFANT
JULIE FORTINO, MARIE MARTIN, AS PARENT AND NATURAL GUARDIAN OF INFANT KENNETH KENYON, HOLLAN CRIPPEN, AS PARENT AND
NATURAL GUARDIAN OF INFANT DEVAN MATHEWS, JASON MONTANYE AS PARENT AND NATURAL GUARDIAN OF INFANT KADEM
MONTANYE, PLAINTIFFS-RESPONDENTS, ET AL., PLAINTIFFS, V FORBA HOLDINGS, LLC NOW KNOWN AS CHURCH STREET HEALTH
MANAGEMENT, LLC, FORBA, N.Y., LLC, FORBA, LLC NOW KNOWN AS LICSAC, LLC, FORBA NY, LLC NOW KNOWN AS LICSAC NY, LLC, DD
MARKETING, DEROSE MANAGEMENT, LLC, SMALL SMILES DENTISTRY OF SYRACUSE, LLC, DANIEL E. DEROSE, MICHAEL A. DEROSE, D.D.S.,
EDWARD J. DEROSE, D.D.S., ADOLPH R. PADULA, D.D.S., WILLIAM A. MUELLER, D.D.S., MICHAEL W. ROUMPH, NAVEED AMAN, D.D.S., KOURY
BONDS, D.D.S., TAREK ELSAFTY, D.D.S., YAQOOB KHAN, D.D.S., LOC VINH VUU, D.D.S., KEIVAN ZOUFAN, D.D.S., LISSETTE BERNAL, D.D.S., AND
JANINE RANDAZZO, D.M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Appellants having either moved or cross-moved to stay joint trials pending the determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 21, 2014, and
Appellants Loc Vinh Vuu, D.D.S. and Janine Randazzo, D.M.D. having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on April 3, 2014, to stay pretrial filing deadlines pending the determination of the motions to stay the joint trials,
Now, upon reading and filing the affirmations of Alan J. Pierce, Esq., dated April 2, 2014, the affirmation of Lia B. Mitchell, Esq., dated April 4, 2014, the affirmation of Kevin E. Hulslander, Esq., dated April 7, 2014, and the affirmation of Melissa A. Murphy-Petros, Esq., dated April 9, 2014, the notices of motion and cross motion with proof of service thereof, said show cause order with proof of service thereof, and the affidavit of Michael J. Hutter, Esq., sworn to April 10, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motions and cross motions seeking to stay the joint trials are denied, and
It is further ORDERED that the motion seeking to stay pretrial filing deadlines is dismissed as moot.
Entered: April 17, 2014
Frances E. Cafarell, Clerk