| IN RE: SMALL SMILES LITIGATION |
| Motion No: CA 14-00645 |
| Slip Opinion No: 2014 NY Slip Op 83840(U) |
| Decided on September 12, 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 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, AND 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., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Defendants Naveed Aman, D.D.S., Koury Bonds, D.D.S., Tarek Elsafty, D.D.S., Yaqoob Khan, D.D.S having moved and 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 adjourn the appeals taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 21, 2014, to the term of this Court during which this Court will hear plaintiffs' appeals taken from the final judgments of Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 7, 2014, and August 19, 2014,
Now, upon reading and filing the affirmation of Melissa A. Murphy-Petro, Esq., dated August 21, 2014, the affirmation of Lia B. Mitchell, Esq., dated September 4, 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 is denied, and defendants' appeals taken herein from the order entered March 21, 2014, are dismissed without prejudice.
Entered: September 12, 2014
Frances E. Cafarell, Clerk