Opinion
DOCKET NO. CA 16-01657 DOCKET NO. CA 16-01658
01-19-2017
TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, v. CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC VASCULAR, INC., MEDTRONIC USA, INC., MEDTRONIC SOFAMOR DANEK USA, INC., ARI FLEET LT, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT, v. CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC USA, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
PRESENT:
Respondent having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 23, 2015, and December 4, 2015, on the ground that the documents appealed are not appealable,
Now, upon reading and filing the affirmations of Lawrence A. Schulz, Esq., dated December 28, 2016, and January 13, 2017, the notice of motion with proof of service thereof, and the affirmation of Carmen Beauchamp Ciparick, Esq., dated January 6, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew the arguments made in support of and in opposition to this motion in the parties' briefs and at oral argument.
Entered: January 19, 2017
Frances E. Cafarell, Clerk