KATHLEEN GUMKOWSKI, AS ADMINISTRATRIX OF THE ESTATE OF GREGORY GUMKOWSKI, DECEASED, AND KATHLEEN GUMKOWSKI
Motion No: CA 25-00388
Slip Opinion No: 2025 NY Slip Op 74443(U)
Decided on August 5, 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.


August 5, 2025

PRESENT: MONTOUR, J.P., SMITH, GREENWOOD, NOWAK, AND KEANE, JJ.

CA 25-00388

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.


Respondent having moved to adjourn oral argument of the appeal under docket number CA 24-01193 taken herein from an order of the Supreme Court, Erie County, entered July 25, 2024, and to argue the appeal on the same day as the appeal under docket number CA 25-00388 taken herein from a judgment of the Supreme Court, Erie County, entered July 25, 2024,

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, the appeal under docket number CA 24-01193 is removed from the day calendar of this Court of September 9, 2025, and is added to the day calendar of this Court of October 22, 2025, to be argued with the appeal under docket number CA 25-00388.

Entered: August 5, 2025

Ann Dillon Flynn

Clerk of the Court