Opinion
Index No. 805028/2018 Index No. 805060/2018
03-04-2019
Crystal Silkowski and Chanz Willis, Plaintiffs, v. Stanley E. Matthews, D.D.S., and Dental Specialty Associates, P.C., Defendants. Crystal Silkowski and Chanz Willis, Plaintiffs, v. Daniel Costello, as Temporary Administrator of the Estate of Wayne Maurer a/k/a Wayne Martin Maurer, Deceased and Dental Specialty Associates, P.C., Defendants.
NYSCEF DOC. NO. 32
DECISION and ORDER
Mot. Seq. #001 Action No. 1 Action No. 2 HON. EILEEN A. RAKOWER, J.S.C.
Wherefore, it is hereby,
ORDERED that the motion to amend the caption in Action 2, Index Number 805060/2018, is granted without opposition to reflect the substitution of Scott Howard Maurer, as Administrator of the Estate of Wayne Maurer, a/k/a Wayne Martin Maurer, Deceased, in place and in stead and in all respects for Daniel Costello, as Temporary Administrator of the Estate of Wayne Maurer a/k/a Wayne Martin Maurer, Deceased; and it is further
ORDERED that the caption for Action 2 as amended in accordance with the foregoing shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
Crystal Silkowski and Chanz Willis, Plaintiffs,
- v -
Scott Howard Maurer, as Administrator of the Estate of Wayne Maurer a/k/a Wayne Martin Maurer, Deceased and Dental Specialty Associates, P.C., Defendants.
Index No. 805060/2018
; and it is further
ORDERED that Plaintiffs' attorney shall serve a copy of this decision upon the Clerk, who is directed to amend the caption accordingly; and it is further
ORDERED that the motion to consolidate is granted without opposition; and it is further
ORDERED that the action bearing the index number 805028/2018 commenced in the State and County of New York and the action bearing the index number 805060/2018 also brought in the State and County of New York are consolidated under Index No. 805060/2018, and the consolidated action shall bear the following caption:
Crystal Silkowski and Chanz Willis, Plaintiffs,
- v -
Stanley E. Matthews, D.D.S., and Dental Specialty Associates, P.C., Scott Howard Maurer, as Administrator of the Estate of Wayne Maurer a/k/a Wayne Martin Maurer, Deceased, Defendants.
And it is further
ORDERED that the pleadings in the actions hereby consolidated shall stand as the pleadings in the consolidated action; and it is further
ORDERED that upon service on the Clerk of the Court of a copy of this order with notice of entry, the Clerk shall consolidate the papers in the actions hereby consolidated and shall mark his records to reflect the consolidation, and it is further
ORDERED that a copy of this order with notice of entry shall also be served upon the Clerk of the Trial Support Office (Room 158), who is hereby directed to mark the court's records to reflect the consolidation; and it is further
ORDERED that Plaintiffs are granted leave to file a late Notice of Medical Malpractice Action is granted without opposition; and it is further
ORDERED that that Notice of Medical Malpractice action attached to the motion papers is deemed served on defendants and filed with this Court, nunc pro tunc; and it is further
ORDERED that the parties are reminded to appear for a compliance conference on June 11, 2019 at 9:30 AM.
This constitutes the Decision and Order of the Court. All other relief requested is denied. DATED: March 4, 2019
/s/_________
EILEEN A. RAKOWER, J.S.C.