Opinion
DOCKET NO. CA 14-00645
04-17-2014
IN RE: SMALL SMILES LITIGATION KELLY VARANO, AS PARENT AND NATURAL GUARDIAN OF INFANT JEREMY BOHN, BRENDAN FORTINO, AS PARENT AND NATURAL GUARDIAN OF INFANT JULIE FORTINO, MARIE MARTIN, AS PARENT AND NATURAL GUARDIAN OF INFANT KENNETH KENYON, HOLLAN CRIPPEN, AS PARENT AND NATURAL GUARDIAN OF INFANT DEVAN MATHEWS, JASON MONTANYE AS PARENT AND NATURAL GUARDIAN OF INFANT KADEM MONTANYE, PLAINTIFFS-RESPONDENTS, ET AL., PLAINTIFFS, 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, DEROSE MANAGEMENT, LLC, SMALL SMILES DENTISTRY OF SYRACUSE, 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, NAVEED AMAN, D.D.S., KOURY BONDS, D.D.S., TAREK ELSAFTY, D.D.S., YAQOOB KHAN, D.D.S., LOC VINH VUU, D.D.S., KEIVAN ZOUFAN, D.D.S., LISSETTE BERNAL, D.D.S., AND JANINE RANDAZZO, D.M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants having either moved or cross-moved to stay joint trials pending the determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 21, 2014, and
Appellants Loc Vinh Vuu, D.D.S. and Janine Randazzo, D.M.D. having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on April 3, 2014, to stay pretrial filing deadlines pending the determination of the motions to stay the joint trials,
Now, upon reading and filing the affirmations of Alan J. Pierce, Esq., dated April 2, 2014, the affirmation of Lia B. Mitchell, Esq., dated April 4, 2014, the affirmation of Kevin E. Hulslander, Esq., dated April 7, 2014, and the affirmation of Melissa A. Murphy-Petros, Esq., dated April 9, 2014, the notices of motion and cross motion with proof of service thereof, said show cause order with proof of service thereof, and the affidavit of Michael J. Hutter, Esq., sworn to April 10, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motions and cross motions seeking to stay the joint trials are denied, and
It is further ORDERED that the motion seeking to stay pretrial filing deadlines is dismissed as moot.
Frances E. Cafarell, Clerk