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

DOCKET NO. CA 18-01188
DOCKET NO. CA 18-01280

JAMES HATCH AND PATRICIA HATCH, PLAINTIFFS-APPELLANTS, V ST. JOSEPH'S HOSPITAL HEALTH CENTER, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 1.) JAMES HATCH AND PATRICIA HATCH, PLAINTIFFS-APPELLANTS, V DR. ROBERT E. CARLIN, M.D., DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

Respondent St. Joseph's Hospital Health Center having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 26, 2018 (appeal No. 1), on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved to consolidate appeal No. 1 with the appeal taken herein from another order of the same court also entered April 26, 2018 (appeal No. 2),

Now, upon reading and filing the affidavit of Max D. Gales, Esq., sworn to June 28, 2018, the affirmation of Sylvia Bode Kraus, Esq., dated July 13, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondent St. Joseph's Hospital Health Center's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 21, 2018, and

It is further ORDERED that the cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered April 26, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: July 23, 2018

Mark W. Bennett, Clerk