Johnson v. Forba Holdings, LLC (In re Small Smiles Litig.)

Full title: IN THE MATTER OF SMALL SMILES LITIGATION SHANTEL JOHNSON, AS PARENT AND…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 18, 2016

2016 N.Y. Slip Op. 80310 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01078

07-18-2016

IN THE MATTER OF SMALL SMILES LITIGATION SHANTEL JOHNSON, AS PARENT AND NATURAL GUARDIAN OF INFANT KEVIN BUTLER, VERONICA ROBINSON, AS PARENT AND NATURAL GUARDIAN OF INFANT ARIANA FLORES, DEMITA GARRETT, AS PARENT AND NATURAL GUARDIAN OF INFANT I'YANA GARCIA SANTOS, KATHRYN JUSTICE, AS PARENT AND NATURAL GUARDIAN OF INFANT BREYONNA HOWARD, ELIZABETH LORRAINE, AS PARENT AND NATURAL GUARDIAN OF INFANT SHILOH LORRAINE, JR., LAPORSHA SHAW, AS PARENT AND NATURAL GUARDIAN OF INFANT ALEXIS PARKER, ROBERT RALSTON, AS PARENT AND NATURAL GUARDIAN OF INFANT BRANDIE RALSTON, KATRICE MARSHALL, AS PARENT AND NATURAL GUARDIAN OF INFANT LESANA ROSS, TIFFANY HENTON, AS PARENT AND NATURAL GUARDIAN OF INFANT COREY SMITH AND JANET TABER, AS PARENT AND NATURAL GUARDIAN OF INFANT JON TABER, PLAINTIFFS-RESPONDENTS, v. FORBA HOLDINGS, LLC, NOW KNOWN AS CHURCH STREET HEALTH MANAGEMENT, LLC, FORBA N.Y., LLC, FORBA, LLC, NOW KNOWN AS LICSAC, LLC, FORBA NY, LLC, NOW KNOWN AS LICSAC NY, LLC, DD MARKETING, INC., DEROSE MANAGEMENT, LLC, SMALL SMILES DENTISTRY OF ROCHESTER, LLC, DANIEL E. DEROSE, MICHAEL A. DEROSE, D.D.S., EDWARD J. DEROSE, D.D.S., ADOLPH R. PADULA, D.D.S., WILLIAM A. MUELLER, D.D.S., MICHAEL W. ROUMPH, SHILPA AGADI, D.D.S., KOURY BONDS, D.D.S., ISMATU KAMARA, D.D.S., KEIVAN ZOUFAN, D.D.S., KATHLLEN POLEON, D.D.S., SONNY KHANNA, D.D.S., KIM PHAM, D.D.S., DOUG GARDNER, D.D.S., GARY GUSMEROTTI, D.D.S., ELLEN NAM, D.D.S. AND LAWANA FUQUAY, D.D.S., DEFENDANTS-APPELLANTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellants FORBA, LLC now known as LICSAC, LLC, FORBA NY, LLC now known as LICSAC NY, LLC, DD Marketing, Inc., DeRose Management, LLC, Daniel E. DeRose, Michael A. DeRose D.D.S., Edward J. DeRose, D.D.S., Adolph R. Padula, D.D.S., William A. Mueller, D.D.S. and Michael W. Roumph having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 26, 2015,

Now, upon reading and filing the affirmation of Steven V. DeBraccio, Esq., dated June 23, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellants FORBA, LLC now known as LICSAC, LLC, FORBA NY, LLC now known as LICSAC NY, LLC, DD Marketing, Inc., DeRose Management, LLC, Daniel E. DeRose, Michael A. DeRose D.D.S., Edward J. DeRose, D.D.S., Adolph R. Padula, D.D.S., William A. Mueller, D.D.S. and Michael W. Roumph shall perfect the appeal on or before September 21, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 18, 2016

Frances E. Cafarell, Clerk