Opinion
CA 19-02155 CA 19-02327 CA 20-01399 CA 20-01402
12-11-2020
KIMBERLY STRIBING, SHAYLEE STRIBING, AMBER THIERRIN, JASMINE WIEPERT, CHANELLE ORTEZ AND TREVOR STRIBING, PLAINTIFFS-APPELLANTS, v. WENDEL & LOECHER, INC., JOHN LOECHER AND KALEIDA HEALTH, DEFENDANTS-RESPONDENTS. (Appeal No. 1.) KIMBERLY STRIBING, SHAYLEE STRIBING, AMBER THIERRIN, JASMINE WIEPERT, CHANELLE ORTEZ, AND TREVER STRIBING, PLAINTIFFS-APPELLANTS, v. WENDEL & LOECHER, INC., ET AL., DEFENDANTS, KALEIDA HEALTH, DEFENDANT-RESPONDENT. (Appeal No. 2.) KIMBERLY STRIBING, SHAYLEE STRIBING, AMBER THEIRRIN, JASMINE WIEPERT, CHANELLE ORTEZ, TREVOR STRIBING, PLAINTIFFS-APPELLANTS, v. WENDEL & LOECHER, INC., ET AL. DEFENDANTS, KALEIDA HEALTH, DEFENDANT-RESPONDENT. (Appeal No. 3.) KIMBERLY STRIBING, SHAYLEE STRIBING, AMBER THIERRIN, JASMINE WIEPERT, CHANELLE ORTEZ, TREVER STRIBING, PLAINTIFFS-APPELLANTS, v. WENDEL & LOECHER, INC., DEFENDANT, KALEIDA HEALTH, DEFENDANT-RESPONDENT. (Appeal No. 4.)
PRESENT:
Appellants having moved to vacate the dismissal of the appeals taken herein from judgments of the Supreme Court, Erie County, entered December 6, 2019 (appeal No. 3), and December 12, 2019 (appeal No. 4), and to consolidate those appeals with the appeals from the same court taken herein from an order entered November 8, 2019 (appeal No. 1), and a judgment entered December 5, 2019 (appeal No. 2), and to proceed on the brief and record filed in appeal Nos. 1 and 2,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, the dismissals of appeal Nos. 3 and 4 are vacated, appeal Nos. 1 through 4 are consolidated, and appeal Nos. 3 and 4 are deemed perfected on the brief and record filed in appeal Nos. 1 and 2, all on the condition that on or before December 18, 2020, appellants file on NYSCEF under both appeal Nos. 3 and 4 the brief and record currently filed under appeal Nos. 1 and 2.
Entered: December 11, 2020
Mark W. Bennett
Clerk of the Court