Opinion
Motion No. CA 22-01765
04-10-2023
ROBERT FALLON, PLAINTIFF-APPELLANT, v. FIVE STAR MANAGEMENT SERVICES, LLC NOW KNOWN AS JEMILEE, LLC; JCR MEDICINE CANAL STREET, PLLC; AND NY OCCUPATIONAL MEDICINE PRACTICE, P.C., DEFENDANTS. ASP UC SUPPORT LLC; NY URGENT CARE PRACTICE, P.C. NOW KNOW AS WELLNOW URGENT CARE, P.C.; AND NY PRIMARY CARE PRACTICE, P.C.; DEFENDANTS-RESPONDENTS
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
Appellant having moved to amend the notice of appeal by striking defendant Five Star Management Services LLC n/k/a Jemille, LLC (Five Star) as a respondent in the caption and inserting as defendant-respondents ASP UC Support LLC (ASP); NY Urgent Care Practice, P.C., n/k/a Wellnow Urgent Care P.C. (Wellnow), and NY Primary Care Practice P.C. (NYPCP), in the appeal taken herein from an order of the Supreme Court, Monroe County, entered May 25, 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 insofar as it seeks to amend the notice of appeal and the caption is granted, and
It is further ORDERED that the notice of appeal and the caption are amended to reflect ASP, Wellnow, and NYPCP as defendants-respondents, and to further reflect Five Star is not a respondent to this appeal (see CPLR 2001; Texido v Waters of Orchard Park, 300 A.D.2d 1150, 1150 [4th Dept 2002]).