Opinion
ACTION NO. 1 INDEX NO.: 13711/09 SEQ. NUMBER - 001 ACTION NO. 2 INDEX NO.: 5903/10
08-20-2010
GREG POPLARSKI, As Administrator of the Estate of ANNA POPLARSKI, Deceased and EDWARD POPLARSKI, Individually, Plaintiff, v. WINTHROP UNIVERSITY HOSPITAL, JOHN ANTHONY GONCALVES, JR., M.D., STEVEN WAYNE SEIDEN, M.D., SOUTH SHORE HEART ASSOCIATES, PC. and NEW ISLAND HOSPITAL, Defendants. GREG POPLARSKI, As Administrator of the Estate of ANNA POPLARSKI, Deceased and EDWARD POPLARSKI, Individually, Plaintiff, v. WINTHROP CARDIOVASCULAR AND THORACIC SURGERY, P.C. Defendants.
JOHN P. BEATTY, ESQ. KRAMER, DILLOF, LIVINGSTON & MOORE Attorneys for Plaintiff LAW OFFICE OF FURY, KERLEY, WALSH, MATERA, & CINQUEMANI Attorneys for Defendants WSNCHS NORTH d/b/a NEW ISLAND HOSPITAL s/h/a NEW ISLAND HOSPITAL FUMUSO, KELLY, DeVERNA, SNYDER, SWART & FARRELL, LLP Attorneys for Defendants WILLIAM PURTILL, M.D., P.C, STEVEN WAYNE SEIDEN, M.D. and SOUTH SHORE HEART ASSOCIATES, P.C. HEIDELL, PITTONI, MURPFfY & BACH, LLP Attorneys for Defendants WINTHROP UNIVERSITY HOSPITAL KELLY, RODE & KELLY, LLP Attorney for Defendants JOHN ANTHONY GONCALVES, JR., M.D.
SHORT FORM ORDER
Present:
HON.
Acting Justice Supreme Court
The following papers have been read on this motion:
Notice of Motion, dated 7-15-10..................................1
Plaintiff has moved for an order consolidating Action No. 1 and Action No. 2. The motion is granted, the actions are consolidated into Index No. 13711/09 and in accordance with established court procedures, the action is transferred to Hon. F. Dana Winslow of this Court as the case which is older in time under Index No. 13711/09 has previously been assigned to him.
These actions stem from claims of medical practice in connection with the care and treatment of plaintiff;s decedent which culminated in her death on December 8, 2007.
Upon the trial, common questions of law and facts will arise, and the time of the witnesses, jurors, parties and the Court will be used more efficiently if they are consolidated. Therefore it is,
NOW ORDERED, that this motion by the attorneys for plaintiff for consolidation of both cases is granted.
ORDERED, that all parties shall serve upon any party so demanding copies of disclosure documents heretofore obtained in the other action and it is further,
ORDERED, that the consolidated action shall bear the caption and index number as follows: SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
GREG POPLARSKI, As Administrator of the Estate
of ANNA POPLARSKI, Deceased and EDWARD
POPLARSKI, Individually,
Plaintiffs,
v. WINTHROP CARDIOVASCULAR AND THORACIC
SURGERY, P.C., WINTHROP UNIVERSITY HOSPITAL,
JOHN ANTHONY GONCALVES, JR., M.D., STEVEN
WAYNE SEIDEN, M.D., SOUTH SHORE HEART
ASSOCIATES, P.C. and NEW ISLAND HOSPITAL,
Defendants.
INDEX NO. 13711/09
ORDERED, that all matters of trial practice, including the right to open and close, are reserved to the Justice presiding at the trial, and it is further,
ORDERED, that all papers shall reflect the consolidated status of these actions, and it is further,
ORDERED, that the Movant shall serve within 30 days , a copy of the Order upon all parties to both actions and upon the Clerk of the Supreme Court of Nassau County, and upon receipt of this Order, the Nassau County Clerk is directed to consolidate the files, and it is further,
The compliance conference for Action No. 2 presently scheduled to be held in this part on September 29, 2010 is cancelled.
This shall constitute the Decision and Order of this Court.
ENTER
____________
HON. DANIEL PALMIERI
Acting Supreme Court Justice
TO: JOHN P. BEATTY, ESQ.
KRAMER, DILLOF, LIVINGSTON & MOORE
Attorneys for Plaintiff
LAW OFFICE OF FURY, KERLEY, WALSH, MATERA, & CINQUEMANI
Attorneys for Defendants
WSNCHS NORTH d/b/a NEW ISLAND HOSPITAL s/h/a
NEW ISLAND HOSPITAL
FUMUSO, KELLY, DeVERNA, SNYDER, SWART & FARRELL, LLP
Attorneys for Defendants
WILLIAM PURTILL, M.D., P.C, STEVEN WAYNE SEIDEN, M.D. and
SOUTH SHORE HEART ASSOCIATES, P.C.
HEIDELL, PITTONI, MURPFfY & BACH, LLP
Attorneys for Defendants
WINTHROP UNIVERSITY HOSPITAL
KELLY, RODE & KELLY, LLP
Attorney for Defendants
JOHN ANTHONY GONCALVES, JR., M.D.