CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY

Motion No: CA 16-00668

Slip Opinion No: 2016 NY Slip Op 83596(U)

Decided on August 22, 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.

August 22, 2016

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

DOCKET NO. CA 16-00668
DOCKET NO. CA 16-00970
DOCKET NO. CA 16-01382

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF
LULA BAITY, DECEASED, PLAINTIFF-APPELLANT,
V
BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS,
NELDA LAWLER, M.D., TERESA CHAU, M.D.,
DEFENDANTS-RESPONDENTS.
(APPEAL NO. 1.)
CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF
LULU BAITY, DECEASED, PLAINTIFF-APPELLANT,
V
BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS,
GRACE MANOR HEALTH CARE FACILITY, INC., NELDA LAWLER, M.D,
AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS.
(APPEAL NO. 2.)
CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF
LULA BAITY, DECEASED, PLAINTIFF-APPELLANT,
V
BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS,
NELDA LAWLER, M.D., TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS.
(APPEAL NO. 3.)

Defendants-respondents 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 July 22, 2015 (appeal No. 1), August 11, 2015 (appeal No. 2), and June 7, 2016 (appeal No. 3),

Now, upon reading and filing the affidavit of Paulette E. Ross, Esq., sworn to August 9, 2016, the notice of motion with proof of service thereof, and the affirmation of Louis Rosado, Esq., dated August 10, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied on the ground that appeal No. 2 has been perfected.

Memorandum: The remedy is to move to reschedule the appeals, once they are all perfected, so that the appeals can be heard and determined together.

Entered: August 22, 2016

Frances E. Cafarell, Clerk