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.

Appellants FORBA Holdings, LLC now known as Church Street Health Management, LLC, FORBA NY LLC, and Small Smiles Dentistry of Syracuse, LLC having moved for adjournment of the oral argument 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,

Now, upon reading and filing the affirmation of Matthew S. Lerner, Esq., dated September 5, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed on the ground that the appeal was dismissed by order of this Court entered September 12, 2014.

Entered: November 10, 2014

Frances E. Cafarell, Clerk