Opinion
DOCKET NO. CA 16-00296
03-02-2016
TIMOTHY J. KUPKA AND DEBORAH A. KUPKA, PLAINTIFFS-RESPONDENTS, v. SERRIE C. LICO, M.D., CARDIOVASCULAR AND THORACIC SURGERY, P.C., CATHARINE M. ARMENTROUT, N.P., DEFENDANTS, MERCY HOSPITAL OF BUFFALO, CATHOLIC HEALTH SYSTEM, INC., DEFENDANTS-APPELLANTS.
PRESENT:
Defendants Catharine M. Armentrout, N.P., Mercy Hospital of Buffalo and Catholic Health System, Inc. having moved, upon the return of an order to show cause granted by the Honorable Gerald J. Whalen on February 26, 2016, for a discretionary stay, pursuant to CPLR 5519 (c), of the order Supreme Court entered in the Office of the Clerk of the County of Erie on January 28, 2016, pending the hearing and determination of the motion,
Now, upon reading and filing the affirmation of Adam M. Lynch, Esq., dated February 25, 2016, said show cause order with proof of service thereof, and the affidavit of Michael R. Drumm, Esq., sworn to March 1, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court is vacated.
Entered: March 2, 2016
Frances E. Cafarell, Clerk