| DENISE AMBROSE AND DAVID AMBROSE, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF MADELEINE AMBROSE, AN INFANT V |
| Motion No: CA 15-00774 |
| Slip Opinion No: 2015 NY Slip Op 75027(U) |
| Decided on May 28, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00774
DOCKET NO. CA 15-00775
| DENISE AMBROSE AND DAVID AMBROSE, INDIVIDUALLY AND AS PARENTS AND
NATURAL GUARDIANS OF MADELEINE AMBROSE, AN INFANT, PLAINTIFFS-RESPONDENTS, V JAMES E. BROWN, JR., M.D., ET AL.,
DEFENDANTS, SUCHITRA KAVETY, M.D. INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ASSOCIATES FOR WOMEN'S MEDICINE,
JANE FIELDS, C.N.M., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ASSOCIATES FOR WOMEN'S MEDICINE, ASSOCIATES FOR
WOMEN'S MEDICINE, BY AND THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) DENISE AMBROSE
AND DAVID AMBROSE, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF MADELEINE AMBROSE, AN INFANT,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V JAMES E. BROWN, JR., M.D., ET AL., DEFENDANTS, SUCHITRA KAVETY, M.D. INDIVIDUALLY AND AS AN
OFFICER, AGENT AND/OR EMPLOYEE OF ASSOCIATES FOR WOMEN'S MEDICINE, JANE FIELDS, C.N.M., INDIVIDUALLY AND AS AN OFFICER, AGENT
AND/OR EMPLOYEE OF ASSOCIATES FOR WOMEN'S MEDICINE, ASSOCIATES FOR WOMEN'S MEDICINE, BY AND THROUGH ITS OFFICERS, AGENTS
AND/OR EMPLOYEES, DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.) |
Defendants-appellants having moved to consolidate the appeals taken herein from a decision of the Supreme Court dated November 21, 2014, and an order of said court entered in the Office of the Clerk of the County of Onondaga on March 12, 2015,
Now, upon reading and filing the affidavit of Nancy E. May-Skinner, Esq., sworn to May 4, 2015, 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 to the extent that the appeal and cross appeal from the order entered March 12, 2015, are hereby consolidated for the purposes of perfection and argument, and the motion is otherwise denied, and
It is further ORDERED that the appeal from the decision dated November 21, 2014, is dismissed without costs.
Memorandum: No appeal lies form an oral decision (see CPLR 5512 [a]; Oppenheim & Co., P.C. v Berstein, 198 AD2d 163).
Entered: May 28, 2015
Frances E. Cafarell, Clerk