| PATRICIA PAGE AND JAMES PAGE V NIAGARA FALLS MEMORIAL MEDICAL CENTER, CURLIN MEDICAL INC., B. BRAUN MEDICAL, INC. AND |
| Motion No: CA 15-01485 |
| Slip Opinion No: 2015 NY Slip Op 84767(U) |
| Decided on September 14, 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 15-01485
DOCKET NO. CA 15-01486
| PATRICIA PAGE AND JAMES PAGE, PLAINTIFFS-APPELLANTS, V NIAGARA
FALLS MEMORIAL MEDICAL CENTER, CURLIN MEDICAL INC., B. BRAUN MEDICAL, INC. AND MOOG INC., DEFENDANTS-RESPONDENTS. (APPEAL
NO.1.) PATRICIA PAGE AND JAMES PAGE, PLAINTIFFS-APPELLANTS, V NIAGARA FALLS MEMORIAL MEDICAL CENTER, CURLIN MEDICAL INC.,
B. BRAUN MEDICAL, INC. AND MOOG INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
Appellants 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 Niagara on November 24, 2014 (appeal No. 1), and March 13, 2015 (appeal No. 2),
Now, upon reading and filing the affirmation of Allison M. Bozinski, Esq., dated September 1, 2015, the notice of motion with proof of service thereof, the affirmation of Frederick H. Fern, Esq., dated September 10, 2015, and the affidavit of Mark R. Affronti, Esq., sworn to September 11, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered November 24, 2014, and March 13, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before November 2, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.2 [b]; 1000.13 [f]).
Entered: September 14, 2015
Frances E. Cafarell, Clerk