Matter of Small Smiles Litig.
2014 NY Slip Op 00814 [114 AD3d 1177]
February 7, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


In the Matter of Small Smiles Litigation. Kelly Varano, as Parent and Natural Guardian of Infant Jeremy Bohn, et al., Respondents,
v
Forba Holdings, LLC, Now Known as Church Street Health Management, LLC, et al., Defendants, and Naveed Aman, D.D.S., et al., Appellants. (Action No. 1.) Shantel Johnson, as Parent and Natural Guardian of Infant Kevin Butler, et al., Respondents, v Forba Holdings, LLC, Now Known as Church Street Health Management, LLC, et al., Defendants, and Shilpa Agadi, D.S.S., et al., Appellants. (Action No. 2.) Timothy Angus, as Parent and Natural Guardian of Infant Jacob Angus, et al., Respondents, v Forba Holdings, LLC, Now Known as Church Street Health Management, LLC, et al., Defendants, and Maziar Izadi, D.D.S., et al., Appellants. (Action No. 3.)

—[*1] Wilson Elser Moskowitz Edelman & Dicker LLP, Albany (Melissa A. Murphy-Petros of counsel), for defendants-appellants.

Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered October 29, 2012. The order sua sponte adopted the recommendations of a referee, which largely rejected the objections of defendants-appellants to plaintiffs' discovery responses.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Sholes v Meagher, 100 NY2d 333, 335 [2003]). Present—Scudder, P.J., Centra, Fahey, Carni and Valentino, JJ.