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

DOCKET NO. CA 14-01887
DOCKET NO. CA 14-02138

IN THE MATTER OF COUNTY OF ONEIDA, PETITIONER-PLAINTIFF-RESPONDENT, V NIRAV R. SHAH, M.D., M.P.H., AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH AND NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS-DEFENDANTS-APPELLANTS, ET AL., RESPONDENTS-DEFENDANTS. (APPEAL NO. 1.) IN THE MATTER OF COUNTY OF ONEIDA, PETITIONER-PLAINTIFF-RESPONDENT, V NIRAV R. SHAH, M.D., M.P.H., AS COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH AND NEW YORK STATE DEPARTMENT OF HEALTH, RESPONDENTS-DEFENDANTS-APPELLANTS, ET AL., RESPONDENTS-DEFENDANTS. (APPEAL NO. 2.)

Petitioner-plaintiff-respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 28, 2014 (appeal No. 2), on the ground that appellants failed to perfect timely the appeal, and

Appellants having cross-moved for leave to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 15, 2014 (appeal No. 1), for appellants' notice of appeal from the order entered July 15, 2014, to be treated as a motion for leave to appeal that order, for a declaration that enforcement of the order entered July 15, 2014, is stayed pursuant to CPLR 5519 (a) (1), for a discretionary stay of enforcement of said order, pursuant to CPLR 5519 (c), or a preliminary injunction, pursuant to CPLR 5518, pending the hearing and determination of the appeal taken herein, for consolidation of appeal Nos. 1 and 2, for an extension of time to perfect the appeals, and for other relief,

Now, upon reading and filing the affidavit of Robert S. Rosborough, IV, Esq., sworn to October 20, 2014, the affirmation of Victor Paladino, Esq., dated October 24, 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 petitioner-plaintiff-respondent's motion, insofar as it seeks to dismiss appeal No. 2, is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 11, 2015, and

It is further ORDERED that appellants' cross motion is granted insofar as it seeks for the notice of appeal from the order entered July 15, 2014, to be treated as an application for leave to appeal (see Hurd v Hurd, 66 AD3d 1492, 1493), and leave to appeal to this Court from the order entered July 15, 2014, is granted in the interest of justice on the condition that the appeal is perfected on or before March 11, 2015, and

It is further ORDERED that the notice of appeal from the order entered July 28, 2014, is deemed to be a valid notice of appeal from the order and judgment entered July 28, 2014 (see CPLR 5520 [c]), and

It is further ORDERED that appellant's cross motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the order and the order and judgment entered July 15, 2014, and July 28, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the remainder of appellants' cross motion is dismissed as unnecessary.

Memorandum: The portions of the order and the order and judgment whose

enforcement appellants seek to stay are already stayed pursuant to CPLR 5519 (a) (1).

Entered: December 11, 2014

Frances E. Cafarell, Clerk