DESIREE NICOTRA V CNY FAMILY CARE, LLP , ST. JOSEPHS'S HOSPITAL HEALTH CENTER, MARTIN WALDRON, M.D. ST. JOSEPH'S
Motion No: CA 19-00753
Slip Opinion No: 2019 NY Slip Op 70031(U)
Decided on May 1, 2019
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.


May 1, 2019

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

CA 19-00753

DESIREE NICOTRA, PLAINTIFF-RESPONDENT,

V

CNY FAMILY CARE, LLP, ET AL., DEFENDANTS, ST. JOSEPHS'S

HOSPITAL HEALTH CENTER, MARTIN WALDRON, M.D.,

DEFENDANTS-APPELLANTS.

ST. JOSEPH'S IMAGING ASSOCIATES, PLLC, ET AL., THIRD-PARTY

PLAINTIFFS,

V

CHIROPRACTIC WELLNESS, PLLC, ET AL., THIRD-PARTY

DEFENDANTS.

CHIROPRACTIC WELLNESS, PLLC, AND FREDERICK GARDNER,

FOURTH-PARTY PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

CNY FAMILY CARE, LLP, STEPHANIE ANNE CLAPPER, M.D.,

ST. JOSEPH'S HOSPITAL HEALTH CENTER, GREGORY WILLIAM CANUTE,

M.D., ST. JOSEPH'S IMAGING ASSOCIATES, PLLC, EMERGENCY

PHYSICIAN SERVICES OF NY, P.C., MARTIN WALDRON, M.D., AND

JOSEPH MARKHAM, M.D., FOURTH-PARTY DEFENDANTS-RESPONDENTS.

EMERGENCY CARE SERVICES OF NY, P.C., FOURTH-PARTY

DEFENDANTS-RESPONDENTS-APPELLANTS.


Appellants Martin Waldron, M.D., St. Joseph's Hospital Health Center, and Emergency Care Services of NY, P.C. having applied for extensions of time to perfect their appeals taken herein from an order of the Supreme Court, Onondaga County, entered October 12, 2018,

Now, upon reading and filing the papers with respect to the applications, and due deliberation having been had thereon,

It is hereby ORDERED that the applications of appellants Martin Waldron, M.D., St. Joseph's Hospital Health Center, and Emergency Care Services of NY, P.C. are granted, the time to perfect the appeals is extended to June 24, 2019, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: May 1, 2019

Mark W. Bennett

Clerk of the Court