Opinion
DOCKET NO. CA 14-00022 DOCKET NO. CA 14-00628 DOCKET NO. CA 14-00629
04-23-2014
IN THE MATTER OF HOGANWILLIG, PLLC, PETITIONER-APPELLANT, v. KAREN HENDEL, FORMERLY KNOWN AS KAREN REILLY, NEW YORK STATE NURSES ASSOCIATION, COUNTY OF ERIE, AND ERIE COUNTY MEDICAL CENTER CORPORATION, RESPONDENTS-RESPONDENTS. IN THE MATTER OF HOGANWILLIG, PLLC, PETITIONER-APPELLANT, v. KAREN HENDEL, FORMERLY KNOWN AS KAREN REILLY, NEW YORK STATE NURSES ASSOCIATION, COUNTY OF ERIE, AND ERIE COUNTY MEDICAL CENTER CORPORATION, RESPONDENTS-RESPONDENTS. IN THE MATTER OF HOGANWILLIG, PLLC, PETITIONER-APPELLANT, v. KAREN HENDEL, FORMERLY KNOWN AS KAREN REILLY, NEW YORK STATE NURSES ASSOCIATION, COUNTY OF ERIE, AND ERIE COUNTY MEDICAL CENTER CORPORATION, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent Karen Hendel 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 December 16, 2013 (docket No. CA 14-00628), and January 8, 2014 (docket No. CA 14-00629), on the ground that appellant failed to perfect timely the appeals, and
Appellant having cross-moved to vacate dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 22, 2013 (docket No. CA 14-00022), and to consolidate the appeals taken from the orders entered October 22, 2013, December 16, 2013, and January 8, 2014, and for other relief,
Now, upon reading and filing the affidavits of David H. Elibol, Esq., sworn to April 2, 2014, and April 17, 2014, the affirmation of Allison M. Bozinski, Esq., dated April 16, 2014, the notices of motion and cross motion with proof of service thereof, and the affirmation of Steven M. Cohen, Esq., dated April 18, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeals from the orders entered December 16, 2013, and January 8, 2014, are dismissed without further order unless the appeals are perfected on or before June 23, 2014, and
It is further ORDERED that appellant's cross motion insofar as it seeks to vacate dismissal of the appeal taken from the order entered October 22, 2013, is granted on the condition that the appeal is perfected on or before June 23, 2014, and
It is further ORDERED that appellant's cross motion is granted, and the appeals from the ordered entered October 22, 2013, December 16, 2013, and January 8, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Frances E. Cafarell, Clerk