ELLEN WOLOSZUK AND JACEK WOLOSZUK V ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D.
Motion No: CA 15-00493
Slip Opinion No: 2015 NY Slip Op 76638(U)
Decided on June 17, 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.


June 17, 2015

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

DOCKET NO. CA 15-00493
DOCKET NO. CA 15-00494

ELLEN WOLOSZUK AND JACEK WOLOSZUK, PLAINTIFFS-RESPONDENTS,

V

ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG,

M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS,

SOUTHEAST OBSTETRICS & GYNECOLOGY, P.C., AND RITA CLEMENT,

M.D., DEFENDANTS.

(APPEAL NO. 1.)

ELLEN WOLOSZUK AND JACEK WOLOSZUK, PLAINTIFFS-RESPONDENTS,

V

ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG,

M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS,

SOUTHEAST OBSTETRICS & GYNECOLOGY, P.C., AND RITA CLEMENT,

M.D., DEFENDANTS.

(APPEAL NO. 2.)


Appellants having moved for an extension of time to perfect the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 27, 2014 (appeal No. 1), and to vacate dismissal of the appeal taken from the order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 7, 2014 (appeal No. 2),

Now, upon reading and filing the affirmation of Jennifer S. Castaldo, Esq., dated June 5, 2015, the notice of motion with proof of service thereof, and the affirmation of Craig R. Watson, Esq., dated June 11, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the second ordering paragraph of the order of this Court entered April 14, 2015, is hereby amended by deleting the date June 15, 2015, and inserting in its place the date August 17, 2015, and

It is further ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 2, is granted on the condition that appellants perfect the appeal on or before August 17, 2015.

Entered: June 17, 2015

Frances E. Cafarell, Clerk