| KENNETH HEINRICH, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DAVID ALAN HEINRICH, DECEASED V KELLEY A. SERENS |
| Motion No: CA 21-01527 and CA 22-00912 |
| Slip Opinion No: 2022 NY Slip Op 73420(U) |
| Decided on October 18, 2022 |
| 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. |
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, V KELLEY A. SERENS, NP, LAUREN PIPAS, MD, AND AMY
PATEL, MD, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) KENNETH HEINRICH, INDIVIDUALLY AND AS ADMINISTRATOR
OF THE ESTATE OF DAVID ALAN HEINRICH, DECEASED, PLAINTIFF-RESPONDENT, V KELLEY A. SERENS, NP, ET AL.,
DEFENDANTS, VIVIAN CHAN, M.D., DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Defendants Amy Patel, MD, Vivian Chan MD, Kelley A. Serens, NP, and Lauren Pipas, MD having moved pursuant to CPLR 5519 (c) to stay the trial of this action, pending the hearing and determination of the appeals taken herein from orders of the Supreme Court, Onondaga County, dated September 2, 2021, and March 9, 2022, and for a calendar preference,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motions insofar as they seek to stay the trial are denied (see Matter of White v City of Jamestown, 242 AD2d 979 [4th Dept 1997]; see also CPLR 2201; Rhodes v Mosher, 115 AD2d 351 [4th Dept 1985]), and
It is further ORDERED that the motions insofar as they seek a calendar preference are denied.
Entered: October 18, 2022
Ann Dillon Flynn
Clerk of the Court