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

CA 21-01527 and CA 22-00912

KENNETH HEINRICH, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DAVID ALAN HEINRICH, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, V KELLEY A. SERENS, NP, LAUREN PIPAS, MD, MARIAM ALEXANDER, MD, AMY PATEL, MD, LYNN MARIE CLEARY, MD, AND MICAHEL KOSTERS, MD, DEFENDANTS-APPELLANTS-RESPONDENTS, DRAGOS MANJA, MD, ZACHARY J. SHEPHERD, MD, TARA GAIM, MD, MAURA REILLY, RN, ALLISON M SIMS, RN, ASHLEY M. MARKHAM, RN, VIVIAN CHAN, MD, RASHAD KHAN, MD, OLEKSANDRA KUTSENKO, MD, SHAAN KHAN, MD, AND JACOB FRIER, MD, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) KENNETH HEINRICH, PLAINTIFF-RESPONDENT, V KELLEY A. SERENS, NP, DEFENDANT, VIVIAN CHAN, M.D., DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

Defendants-Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court, Onondaga County, entered September 14, 2021, and March 9, 2022,

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 to consolidate the appeals is granted on the condition that the appeals on behalf of the defendants represented by the New York State Attorney General are perfected on or before July 22, 2022,

It is further ORDERED that plaintiff shall serve and file a brief pursuant to 22 NYCRR 1250.9(f)(1)(v) in accordance with this Court's rules on or before August 22, 2022.

Entered: June 22, 2022

Ann Dillon Flynn

Clerk of the Court