DONALD SCHULTZ AND KATHERINE SCHULTZ V EXCELSIOR ORTHOPAEDICS, LLP, ANDREW C. STOECKL, M.D. MICHAEL A. PARENTIS, M.D.
Motion No: CA 14-01424
Slip Opinion No: 2014 NY Slip Op 93274(U)
Decided on December 16, 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.


December 16, 2014

PRESENT: SCUDDER, P. J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 14-01424
DOCKET NO. CA 14-01425
DOCKET NO. CA 14-01920

DONALD SCHULTZ AND KATHERINE SCHULTZ,

PLAINTIFFS-RESPONDENTS,

V

EXCELSIOR ORTHOPAEDICS, LLP, ANDREW C. STOECKL, M.D.,

DEFENDANTS-RESPONDENTS,

MICHAEL A. PARENTIS, M.D., KEITH C. STUBE, M.D., P.C.,

INDIVIDUALLY AND DOING BUSINESS AS KNEE CENTER OF WESTERN

NEW YORK, DEFENDANTS-APPELLANTS, AND KNEE CENTER OF WNY,

P.C., DEFENDANT.

(APPEAL NO. 1.)

DONALD SCHULTZ AND KATHERINE SCHULTZ,

PLAINTIFFS-RESPONDENTS,

V

EXCELSIOR ORTHOPAEDICS, LLP, ANDREW C. STOECKL, M.D.,

DEFENDANTS-RESPONDENTS,

MICHAEL A. PARENTIS, M.D., KEITH C. STUBE, M.D., P.C.,

INDIVIDUALLY AND DOING BUSINESS AS KNEE CENTER OF

WESTERN NEW YORK, DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)

DONALD SCHULTZ AND KATHERINE SCHULTZ,

PLAINTIFFS-RESPONDENTS,

V

EXCELSIOR ORTHOPAEDICS, LLP, ANDREW C. STOECKL, M.D.,

DEFENDANTS-RESPONDENTS,

MICHAEL A. PARENTIS, M.D., KEITH C. STUBE, M.D., P.C.,

INDIVIDUALLY AND DOING BUSINESS AS KNEE CENTER OF

WESTERN NEW YORK, DEFENDANTS-APPELLANTS.

(APPEAL NO. 3.)


Respondents Excelsior Orthopaedics, LLP and Andrew C. Stoeckl, M.D. having moved for an extension of time to file and serve a brief on the appeals taken herein from an order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 18, 2014, and June 18, 2014,

Now, upon reading and filing the affidavit of Elizabeth G. Adymy, Esq., sworn to December 1, 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 granted on the condition that the brief is filed and served on or before January 23, 2015, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 9, 2015.

Entered: December 16, 2014

Frances E. Cafarell, Clerk