| IN THE MATTER OF SMALL SMILES LITIGATION |
| Motion No: CA 16-01078 |
| Slip Opinion No: 2016 NY Slip Op 80310(U) |
| Decided on July 18, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01078
| IN THE MATTER OF SMALL SMILES LITIGATION SHANTEL JOHNSON,
AS PARENT AND NATURAL GUARDIAN OF INFANT KEVIN BUTLER, VERONICA ROBINSON, AS PARENT AND NATURAL GUARDIAN OF INFANT ARIANA
FLORES, DEMITA GARRETT, AS PARENT AND NATURAL GUARDIAN OF INFANT I'YANA GARCIA SANTOS, KATHRYN JUSTICE, AS PARENT AND
NATURAL GUARDIAN OF INFANT BREYONNA HOWARD, ELIZABETH LORRAINE, AS PARENT AND NATURAL GUARDIAN OF INFANT SHILOH LORRAINE, JR.,
LAPORSHA SHAW, AS PARENT AND NATURAL GUARDIAN OF INFANT ALEXIS PARKER, ROBERT RALSTON, AS PARENT AND NATURAL GUARDIAN OF
INFANT BRANDIE RALSTON, KATRICE MARSHALL, AS PARENT AND NATURAL GUARDIAN OF INFANT LESANA ROSS, TIFFANY HENTON, AS PARENT
AND NATURAL GUARDIAN OF INFANT COREY SMITH AND JANET TABER, AS PARENT AND NATURAL GUARDIAN OF INFANT JON TABER,
PLAINTIFFS-RESPONDENTS, V FORBA HOLDINGS, LLC, NOW KNOWN AS CHURCH STREET HEALTH MANAGEMENT, LLC, FORBA N.Y., LLC, FORBA,
LLC, NOW KNOWN AS LICSAC, LLC, FORBA NY, LLC, NOW KNOWN AS LICSAC NY, LLC, DD MARKETING, INC., DEROSE MANAGEMENT, LLC, SMALL
SMILES DENTISTRY OF ROCHESTER, LLC, DANIEL E. DEROSE, MICHAEL A. DEROSE, D.D.S., EDWARD J. DEROSE, D.D.S., ADOLPH R. PADULA, D.D.S.,
WILLIAM A. MUELLER, D.D.S., MICHAEL W. ROUMPH, SHILPA AGADI, D.D.S., KOURY BONDS, D.D.S., ISMATU KAMARA, D.D.S., KEIVAN ZOUFAN, D.D.S.,
KATHLLEN POLEON, D.D.S., SONNY KHANNA, D.D.S., KIM PHAM, D.D.S., DOUG GARDNER, D.D.S., GARY GUSMEROTTI, D.D.S., ELLEN NAM, D.D.S. AND
LAWANA FUQUAY, D.D.S., DEFENDANTS-APPELLANTS. |
Appellants FORBA, LLC now known as LICSAC, LLC, FORBA NY, LLC now known as LICSAC NY, LLC, DD Marketing, Inc., DeRose Management, LLC, Daniel E. DeRose, Michael A. DeRose D.D.S., Edward J. DeRose, D.D.S., Adolph R. Padula, D.D.S., William A. Mueller, D.D.S. and Michael W. Roumph having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 26, 2015,
Now, upon reading and filing the affirmation of Steven V. DeBraccio, Esq., dated June 23, 2016, 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, and appellants FORBA, LLC now known as LICSAC, LLC, FORBA NY, LLC now known as LICSAC NY, LLC, DD Marketing, Inc., DeRose Management, LLC, Daniel E. DeRose, Michael A. DeRose D.D.S., Edward J. DeRose, D.D.S., Adolph R. Padula, D.D.S., William A. Mueller, D.D.S. and Michael W. Roumph shall perfect the appeal on or before September 21, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 18, 2016
Frances E. Cafarell, Clerk