| KATHLEEN GUMKOWSKI, AS ADMINISTRATRIX OF THE ESTATE OF GREGORY GUMKOWSKI, DECEASED, AND KATHLEEN GUMKOWSKI |
| Motion No: CA 24-01193 |
| Slip Opinion No: 2025 NY Slip Op 63593(U) |
| Decided on February 20, 2025 |
| 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: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01193
| KATHLEEN GUMKOWSKI, AS ADMINISTRATRIX OF THE ESTATE OF GREGORY
GUMKOWSKI, DECEASED, AND KATHLEEN GUMKOWSKI, INDIVIDUALLY, PLAINTIFF-RESPONDENT, V THOMAS SCHWAAB, M.D., MEGHAN KURTZ, P.A.,
CHRISTINE PIERI, R.N., TOWN OF TONAWANDA, TOWN OF TONAWANDA EMS, TOWN OF TONAWANDA POLICE DEPARTMENT, KRISTIAN RUTENKROGER, DAVID RICE,
KENMORE MERCY HOSPITAL, CATHOLIC HEALTH SYSTEM, INC., ERIC DIRINGER, D.O., DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANTS. |
Defendants Kenmore Mercy Hospital, Catholic Health System, Inc. and Eric Diringer, D.O. having moved for permission to separately perfect the concurrent appeals taken herein from an order of the Supreme Court, Erie County, entered July 25, 2024, and for an order scheduling this matter for oral argument during the term of this Court commencing September 8, 2025,
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 insofar as it seeks permission to perfect the appeals separately is granted, and
It is further ORDERED that the motion insofar as it seeks to schedule oral argument during the term of this Court commencing September 8, 2025, is dismissed as premature and unnecessary.
Entered: February 20, 2025
Ann Dillon Flynn
Clerk of the Court