NICHOLAS SIMS V SAMUEL A. REYES, M.D. , SETON IMAGING (Appeal No. 1.) NICHOLAS SIMS V SAMUEL A. REYES, M.D. , SETON
Motion No: CA 20-00266
Slip Opinion No: 2020 NY Slip Op 74389(U)
Decided on October 30, 2020
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.


October 30, 2020

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND DEJOSEPH, JJ.

CA 20-00266
CA 20-01059

NICHOLAS SIMS, PLAINTIFF-APPELLANT,

V

SAMUEL A. REYES, M.D., ET AL., DEFENDANTS,

SETON IMAGING, DEFENDANT-RESPONDENT.

(Appeal No. 1.)

NICHOLAS SIMS, PLAINTIFF-RESPONDENT,

V

SAMUEL A. REYES, M.D., ET AL., DEFENDANTS,

SETON IMAGING, DEFENDANT-APPELLANT.

(Appeal No. 2.)


Appellant Seton Imaging having moved for a calendar preference for the appeal taken herein from an order of the Supreme Court, Erie County, entered May 5, 2020 (appeal No. 2), to be heard the same day as the appeal taken herein from an order of the same court entered February 7, 2020 (appeal No. 1),

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

It is hereby ORDERED that the motion is granted to the extent that appeal No. 2 is removed from the day calendar for January 19, 2021, and added to the day calendar for December 9, 2020.

Entered: October 30, 2020

Mark W. Bennett

Clerk of the Court