KATHLEEN BENEDETTI, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ERIC SMITH, DECEASED V ERIE COUNTY MEDICAL

KATHLEEN BENEDETTI, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF ERIC SMITH, DECEASED V ERIE COUNTY MEDICAL

Motion No: CA 14-01114

Slip Opinion No: 2015 NY Slip Op 60472(U)

Decided on January 5, 2015

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.

January 5, 2015

PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND VALENTINO, JJ.

DOCKET NO. CA 14-01114
DOCKET NO. CA 14-01855

KATHLEEN BENEDETTI, INDIVIDUALLY AND AS ADMINISTRATRIX OF
THE ESTATE OF ERIC SMITH, DECEASED, PLAINTIFF-RESPONDENT,
V
ERIE COUNTY MEDICAL CENTER CORPORATION, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.
KATHLEEN BENEDETTI, INDIVIDUALLY AND AS ADMINISTRATOR
OF THE ESTATE OF ERIC SMITH, DECEASED, PLAINTIFF-RESPONDENT,
V
ERIE COUNTY MEDICAL CENTER CORPORATION, DEFENDANT-APPELLANT.

Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 30, 2013, and January 31, 2014,

Now, upon reading and filing the affidavit of Frank C. Callocchia, Esq., sworn to December 5, 2014, the notice of motion with proof of service thereof, and the affirmation of Carly Wilsman Speyer, Esq., dated December 12, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: January 5, 2015

Frances E. Cafarell, Clerk