KELLY VARANO, AS PARENT AND NATURAL GUARDIAN OF INFANT JEREMY BOHN V FORBA HOLDINGS, LLC NOW KNOWN AS CHURCH STREET
Motion No: CA 14-00594
Slip Opinion No: 2014 NY Slip Op 73974(U)
Decided on May 30, 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.


May 30, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-00594
DOCKET NO. CA 14-00896

KELLY VARANO, AS PARENT AND NATURAL GUARDIAN OF INFANT

JEREMY BOHN, PLAINTIFF-RESPONDENT,

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, INC., 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., YAQOOB KHAN,

D.D.S., DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

KELLY VARANO, AS PARENT AND NATURAL GUARDIAN OF INFANT

JEREMY BOHN, PLAINTIFF-RESPONDENT,

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,

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,

DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

(APPEAL NO. 2.)


Appellants FORBA Holdings, LLC, now known as Church Street Health Management, LLC, FORBA NY LLC, and Small Smiles Dentistry of Syracuse having moved and appellants FORBA, LLC, now known as LICSAC LLC, FORBA NY, LLC, now known as LICSAC NY LLC, DD Marketing, Inc., DeRose Management, LLC, Daniel F. 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., and Michael W. Roumph having cross-moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 3, 2013 (appeal No. 1), and March 21, 2014 (appeal No. 2),

Now, upon reading and filing the affirmation of Matthew S. Lerner, Esq., dated May 9, 2014, the affirmation of Lia B. Mitchell, Esq., dated May 15, 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 the motion and cross motion are granted, and the appeals from the orders entered December 3, 2013, and March 21, 2014, which the motion and cross motion seek to consolidate, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 30, 2014

Frances E. Cafarell, Clerk