JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED V ELIZABETH WENDE BREAST CLINIC

JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED V ELIZABETH WENDE BREAST CLINIC

Motion No: CA 15-00493

Slip Opinion No: 2017 NY Slip Op 95776(U)

Decided on December 11, 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.

December 11, 2017

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

DOCKET NO. CA 15-00493
DOCKET NO. CA 15-00494
DOCKET NO. CA 15-00495
DOCKET NO. CA 15-00496

JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR
OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT,
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.)
JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR
OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT,
V
ELIZABETH WENDE BREAST CLINIC, LLC, DEFENDANT, 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.)
JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR
OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT,
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. 3.)
JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR
OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, ,
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. 4.)

Respondent having moved for the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 27, 2014, July 7, 2014, and December 23, 2014, to be restored to the Court's calendar,

Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated November 29, 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 on condition that respondent's brief is filed and served on or before January 10, 2018, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before January 25, 2018, and

It is further ORDERED that the appeals are added to the Court's calendar for the term commencing April 3, 2018.

Entered: December 11, 2017

Mark W. Bennett, Clerk