Britt v. Buffalo Mun. Hous. Auth.

Full title: CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 5, 2016

2016 N.Y. Slip Op. 93658 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00668 DOCKET NO. CA 16-00970 DOCKET NO. CA 16-01382

12-05-2016

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED, PLAINTIFF-APPELLANT, v. BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, NELDA LAWLER, M.D. AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULU BAITY, DECEASED, PLAINTIFF-APPELLANT, v. BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, GRACE MANOR HEALTH CARE FACILITY, INC., NELDA LAWLER, M.D, AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED, PLAINTIFF-APPELLANT, v. BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, NELDA LAWLER, M.D., AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS, (APPEAL NO. 3.)

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 22, 2015, August 11, 2015, and June 7, 2016, or, in the alternative for all three appeals to be argued together, and having moved for permission to supplement the record on appeal Nos. 1 and 2, and for an extension of time to file a new brief on appeal Nos. 1 and 2,

Now, upon reading and filing the affirmation of Louis Rosado, Esq., dated November 18, 2016, the notice of motion with proof of service thereof, the affidavit of Paulette R. Ross, Esq., sworn to November 22, 2016, and the affidavit of Adam C. Ferrandino, Esq., sworn to November 23, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that the motion insofar as it seeks to have all three appeals heard together is granted, and appeal No. 2 is removed from the term of this Court commencing February 27, 2017, and is added to the term of this Court commencing April 3, 2017, and the appeals are to be heard together, and

It is further ORDERED that the motion insofar as it seeks permission to file a new brief on appeal Nos. 1 and 2 is denied as unnecessary, and

It is further ORDERED that the motion insofar as it seeks to supplement the records in appeal Nos. 1 and 2 is denied without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Stewart v Soda ).

Entered: December 5, 2016

Frances E. Cafarell, Clerk