JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED V WENDE LOGAN-YOUNG, M.D., DOING

JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED V WENDE LOGAN-YOUNG, M.D., DOING

Motion No: CA 15-00493

Slip Opinion No: 2018 NY Slip Op 70819(U)

Decided on April 18, 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.

April 18, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, AND LINDLEY, JJ.

DOCKET NO. CA 15-00493
DOCKET NO. CA 15-00494
DOCKET NO. CA 15-00495
DOCKET NO. CA 15-00496
DOCKET NO. CA 15-01165

JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF
ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT,
V
WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE
BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY,
M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
(APPEAL NO. 1.)
JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF
ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT,
V
WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE
BREAST CLINIC, LLC, ET AL., DEFENDANTS, WENDE LOGAN-YOUNG, M.D.,
AND PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS.
(APPEAL NO. 2.)
JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF
ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT,
V
WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE
BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D.,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
(APPEAL NO. 3.)
JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF
ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT,
V
WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE
BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D.,
DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
(APPEAL NO. 4.)
JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF
ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT,
V
WENDE LOGAN-YOUNG, M.D., DOING BUSINESS AS ELIZABETH WENDE
BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY,
M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
(APPEAL NO. 5.)

Appellants Wende Logan-Young, M.D. doing business as Elizabeth Wende Breast Clinic, Wende Logan-Young, M.D., individually, and Philip Murphy, M.D. having moved for this Court to take judicial notice of plaintiffs' amended complaint dated September 8, 2017, in 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, December 23, 2014, and March 20, 2015,

Now, upon reading and filing the affirmation of David H. Fitch, Esq., dated April 4, 2018, 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 to the extent that judicial notice is hereby taken that plaintiff served and filed the amended complaint dated September 8, 2017.

Entered: April 18, 2018

Mark W. Bennett, Clerk