| FRANCES P. ABRIOLA, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JAY F. STARK, ALSO KNOWN AS JAY STARK, DECEASED V |
| Motion No: CA 17-02028 |
| Slip Opinion No: 2017 NY Slip Op 94826(U) |
| Decided on December 5, 2017 |
| 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 17-02028
DOCKET NO. CA 17-02029
| FRANCES P. ABRIOLA, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF
JAY F. STARK, ALSO KNOWN AS JAY STARK, DECEASED, PLAINTIFF-RESPONDENT, V ST. JOSEPH'S MEDICAL, P.C., DOING BUSINESS AS ST.
JOSEPH'S PHYSICIAN'S URGENT CARE, DOING BUSINESS AS NORTHEAST MEDICAL URGENT CARE, LAUREL BYRNE, P.A., INDIVIDUALLY AND AS
AGENT, OFFICER AND/OR EMPLOYEE OF ST. JOSEPH'S MEDICAL, P.C., DOING BUSINESS AS ST. JOSEPH'S PHYSICIAN'S URGENT CARE, DOING BUSINESS AS
NORTHEAST MEDICAL URGENT CARE, KAREN MAHONEY, R.N., INDIVIDUALLY AND AS AGENT, OFFICER AND/OR EMPLOYEE OF ST. JOSEPH'S MEDICAL, P.C.,
DOING BUSINESS AS ST. JOSEPH'S PHYSICIAN'S URGENT CARE, DOING BUSINESS AS NORTHEAST MEDICAL URGENT CARE,
DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) FRANCES P. ABRIOLA, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JAY F. STARK, ALSO
KNOWN AS JAY STARK, DECEASED, PLAINTIFF-APPELLANT, V ST. JOSEPH'S MEDICAL, P.C., DOING BUSINESS AS ST. JOSEPH'S PHYSICIAN'S
URGENT CARE, DOING BUSINESS AS NORTHEAST MEDICAL URGENT CARE, LAUREL BYRNE, P.A., INDIVIDUALLY AND AS AGENT, OFFICER AND/OR
EMPLOYEE OF ST. JOSEPH'S MEDICAL, P.C., DOING BUSINESS AS ST. JOSEPH'S PHYSICIAN'S URGENT CARE, DOING BUSINESS AS NORTHEAST MEDICAL
URGENT CARE, KAREN MAHONEY, R.N., INDIVIDUALLY AND AS AGENT, OFFICER AND/OR EMPLOYEE OF ST. JOSEPH'S MEDICAL, P.C., DOING BUSINESS
AS ST. JOSEPH'S PHYSICIAN'S URGENT CARE, DOING BUSINESS AS NORTHEAST MEDICAL URGENT CARE, DEFENDANTS-RESPONDENTS. (APPEAL NO.
2.) |
Defendants 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 Onondaga on September 5, 2017 (appeal No. 1), and November 1, 2017 (appeal No. 2),
Now, upon reading and filing the affidavit of Michael Paul Ringwood, Esq., sworn to November 16, 2017, 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 the appeals from the orders entered September 5, 2017, and November 1, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: December 5, 2017
Mark W. Bennett, Clerk