| TRAVIS M. BRAUN V CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC VASCULAR, INC., MEDTRONIC USA, INC., MEDTRONIC |
| Motion No: CA 16-01657 |
| Slip Opinion No: 2018 NY Slip Op 60222(U) |
| Decided on January 3, 2018 |
| 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 16-01657
DOCKET NO. CA 16-01658
DOCKET NO. CA 17-00033
DOCKET NO. CA 18-00003
DOCKET NO. CA 18-00005
| TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, V CHRISTOPHER J.
CESAREO, MEDTRONIC, INC., MEDTRONIC VASCULAR, INC., MEDTRONIC USA, INC., MEDTRONIC SOFAMOR DANEK USA, INC., ARI FLEET LT,
DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, V CHRISTOPHER J. CESAREO, MEDTRONIC, INC.,
MEDTRONIC USA, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, V CHRISTOPHER J.
CESAREO, MEDTRONIC, INC., MEDTRONIC USA, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 3.) TRAVIS M. BRAUN,
PLAINTIFF-RESPONDENT, V CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC USA, INC., DEFENDANTS-APPELLANTS. (APPEAL NO.
4.) TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, V CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC USA, INC.,
DEFENDANTS-APPELLANTS. (APPEAL NO. 5.) |
Appellants Christopher J. Cesareo, Medtronic, Inc., and Medtronic USA, Inc. having moved to vacate the dismissal of the appeals taken herein from an order and amended orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 23, 2015, December 4, 2015, and June 8, 2016, and having moved to consolidate those appeals with the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 20, 2017 (appeal No. 4), and October 25, 2017 (appeal No. 5),
Now, upon reading and filing the affirmation of Carmen Beauchamp Ciparick, Esq., dated December 20, 2017, the notice of motion with proof of service thereof, and the affirmation of Lawrence A. Schulz, Esq., received December 29, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of appeal Nos. 1, 2, and 3, on the condition that appellant perfects the appeals on or before March 5, 2018 and
It is further ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from orders and a judgment entered October 23, 2015, December 4, 2015, June 8, 2016, March 20, 2017, and October 25, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: January 3, 2018
Mark W. Bennett, Clerk