Opinion
DOCKET NO. CA 14-00171 DOCKET NO. CA 14-00172
03-07-2014
BRENDA READING, PLAINTIFF-RESPONDENT AND JAMES KRANZ, PLAINTIFF, v. ANTHONY FABIANO, M.D. AND KALEIDA HEALTH DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) BRENDA READING, PLAINTIFF-RESPONDENT AND JAMES KRANZ, PLAINTIFF, v. ANTHONY FABIANO, M.D. AND KALEIDA HEALTH DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent 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 June 11, 2013 (appeal No. 1), and September 18, 2013 (appeal No. 2), on the ground that appellants failed to perfect timely the appeals or, in the alternative, to stay enforcement of the orders entered June 11, 2013, and September 18, 2013, and
Appellants having cross-moved for an extension of time to perfect the appeals, for consolidation of the appeals, and for other relief,
Now, upon reading and filing the affidavits of Michael R. Drumm, Esq., sworn to January 27, 2014, and February 6, 2014, the notice of motion with proof of service thereof, and the affidavit of Amy Archer Flaherty, Esq., sworn to February 5, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted insofar as it seeks to dismiss the appeals, and the appeals are dismissed without further order unless the appeals are perfected on or before May 6, 2014, and
It is further ORDERED that respondent's motion is denied insofar as it seeks a stay of enforcement, and
It is further ORDERED that appellants' cross motion is dismissed as unnecessary insofar as it seeks an extension of time to perfect the appeals, and
It is further ORDERED that appellants' cross motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the orders entered June 11, 2013, and September 18, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Frances E. Cafarell, Clerk