Canandaigua Emergency Squad, Inc. v. Rochester Area Health Maint. Org., Inc.

Full title: CANANDAIGUA EMERGENCY SQUAD, INC., PENFIELD VOLUNTEER EMERGENCY AMBULANCE…

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

Date published: Oct 9, 2014

2014 N.Y. Slip Op. 86618 (N.Y. App. Div. 2014)

Opinion

DOCKET NO. CA 14-01763 DOCKET NO. CA 14-01764

10-09-2014

CANANDAIGUA EMERGENCY SQUAD, INC., PENFIELD VOLUNTEER EMERGENCY AMBULANCE SERVICE, INC., NORTHEAST QUADRANT ADVANCED LIFE SUPPORT, INC., CHILI VOLUNTEER AMBULANCE SERVICE, INC., AND VILLAGE OF MACEDON, PLAINTIFFS-APPELLANTS, v. ROCHESTER AREA HEALTH MAINTENANCE ORGANIZATION, INC., DOING BUSINESS AS PREFERRED CARE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) ANANDAIGUA EMERGENCY SQUAD, INC., PENFIELD VOLUNTEER EMERGENCY AMBULANCE SERVICE, INC., NORTHEAST QUADRANT ADVANCED LIFE SUPPORT, INC., CHILI VOLUNTEER AMBULANCE SERVICE, INC., AND VILLAGE OF MACEDON, PLAINTIFFS-APPELLANTS, v. ROCHESTER AREA HEALTH MAINTENANCE ORGANIZATION, INC., DOING BUSINESS AS PREFERRED CARE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

SCUDDER, P. J.

PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Plaintiffs having moved to consolidate their appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 26, 2013 (appeal No. 1), and May 27, 2014 (appeal No. 2), and plaintiffs having moved for an extension of time to perfect their appeal taken herein from the order entered December 26, 2014,

Now, upon reading and filing the affidavit of David B. Garwood, Esq., sworn to September 26, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate plaintiffs' appeals is granted, and plaintiffs' appeals from the orders entered December 26, 2013, and May 27, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as plaintiffs seek an extension of time to perfect their appeal from the order entered December 26, 2013, is granted, and plaintiffs shall perfect their appeal from the order entered December 26, 2013, on or before November 21, 2014, and, in the event of failure to so perfect, that appeal is hereby dismissed without further order.

Entered: October 9, 2014

Frances E. Cafarell, Clerk