TAMMY A. CLEVELAND, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL E. CLEVELAND V GREGORY C. PERRY, M.D.
Motion No: CA 18-01137
Slip Opinion No: 2018 NY Slip Op 77789(U)
Decided on July 11, 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.


July 11, 2018

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

DOCKET NO. CA 18-01137
DOCKET NO. CA 18-01138

TAMMY A. CLEVELAND, INDIVIDUALLY AND AS ADMINISTRATRIX OF

THE ESTATE OF MICHAEL E. CLEVELAND, PLAINTIFF-APPELLANT,

V

GREGORY C. PERRY, M.D., FDR MEDICAL SERVICES, P.C.,

KALEIDA HEALTH, AND KALEIDA HEALTH/DEGRAFF MEMORIAL HOSPITAL,

DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT.

(APPEAL NO. 1.)

TAMMY A. CLEVELAND, INDIVIDUALLY AND AS ADMINISTRATRIX OF

THE ESTATE OF MICHAEL E. CLEVELAND,

PLAINTIFF-APPELLANT-RESPONDENT,

V

GREGORY C. PERRY, M.D., FDR MEDICAL SERVICES, P.C.,

KALEIDA HEALTH AND KALEIDA HEALTH/DEGRAFF MEMORIAL HOSPITAL,

DEFENDANTS-RESPONDENTS-APPELLANTS, ET AL., DEFENDANT.

(APPEAL NO. 2.)


Defendants Kaleida Health and Kaleida Health/DeGraff Memorial Hospital 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 Niagara on May 4, 2018 (appeal No. 1), and May 8, 2018 (appeal No. 2),

Now, upon reading and filing the affirmation of Michael J. Willett, Esq., dated June 22, 2018, 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 May 4, 2018, and May 8, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: July 11, 2018

Mark W. Bennett, Clerk