Opinion
DOCKET NO. CA 16-01089
07-20-2016
CINDY SCHWARTZ, PLAINTIFF-APPELLANT, v. UNIVERSITY OF ROCHESTER MEDICAL CENTER STRONG MEMORIAL HOSPITAL AND ADDISU MESFIN, M.D., DEFENDANTS-RESPONDENTS.
PRESENT:
Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on June 22, 2016, for a stay, pursuant to CPLR 5519 (c), of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on June 6, 2016, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavits of Nathan C. Doctor, Esq., sworn to June 16, 2016, and July 14, 2016, the affidavit of Cindy Schwartz sworn to June 15, 2015, said show cause order with proof of service thereof, and the affidavits of Daniel P. Purcell, Esq., sworn to June 21, 2016, and July 6, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and all proceedings on the part of the defendants, or counsel for the defendants, to enforce that part of the order entered June 6, 2016, that compels plaintiff to provide authorizations to obtain plaintiff's records from Batavia Family Care/Dr. Ambis; Dr. Melgar; the VA Medical Center; Dr. Choon Yeon; and Dr. Michael Meyer are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfects the appeal on or before August 19, 2016, and
It is further ORDERED that if appellant perfects the appeal on or before August 19, 2016, the appeal shall be added to the Court's calendar for the term commencing November 28, 2016.
Entered: July 20, 2016
Frances E. Cafarell, Clerk