Opinion
DOCKET NO. CA 17-01493 DOCKET NO. CA 17-01496
09-05-2017
STELLA RYNDAK, PLAINTIFF-RESPONDENT, v. CRESTWOOD HEALTH CARE CENTER, INC., ET AL., DEFENDANTS, POST ACUTE PARTNERS, LLC, AND 2600 NIAGARA FALLS BOULEVARD OPERATING COMPANY, LLC DOING BUSINESS AS ELDERWOOD AT WHEATFIELD, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) STELLA RYNDAK, PLAINTIFF-RESPONDENT, v. CRESTWOOD HEALTH CARE CENTER, INC., ET AL., DEFENDANTS, POST ACUTE PARTNERS, LLC, AND 2600 NIAGARA FALLS BOULEVARD OPERATING COMPANY, LLC DOING BUSINESS AS ELDERWOOD AT WHEATFIELD, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
PRESENT:
Respondent having moved to dismiss the appeals taken herein from an orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 25, 2017 (appeal No. 1), and March 10, 2017 (appeal No. 2), on the ground that appellants failed to perfect timely the appeals, and appellants having cross-moved for an extension of time to perfect the appeals and to consolidate appeals,
Now, upon reading and filing the affirmations of D. Charles Roberts, Jr., Esq., dated August 22, 2017, the affirmations of Meghann N. Roehl, Esq., dated August 28, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motions are granted, and the appeals are dismissed without further order unless the appeals are perfected on or before November 6, 2017, and
It is further ORDERED that appellants' cross motions insofar as they seek an extension of time to perfect the appeal is dismissed as unnecessary, and
It is further ORDERED that appellants' cross motions are granted insofar as they seek to consolidate the appeals, and the appeals from the orders entered January 25, 2017, and March 10, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: September 5, 2017
Frances E. Cafarell, Clerk