Opinion
DOCKET NO. CA 14-00594
04-14-2014
KELLY VARANO, AS PARENT AND NATURAL GUARDIAN OF JEREMY BOHN, PLAINTIFF-RESPONDENT, 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 SYRACUSE, LLC, DANIEL E. DEROSE, MICHAEL A. DEROSE, D.D.S., ADOLPH R. PADULA, 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., YAQOOB KHAN, D.D.S., DEFENDANTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants FORBA Holdings, LLC, now known as Church Street Health Management, LLC, FORBA, N.Y., LLC, and Small Smiles Dentistry of Syracuse, LLC having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on March 27, 2014, and appellants Naveed Aman, D.D.S., Yaqoob Khan, D.D.S., and Koury Bonds, D.D.S. having cross-moved to stay the new trial in this action 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 December 3, 2013, and having moved for other relief,
Now, upon reading and filing the affirmation of Matthew S. Lerner, Esq., dated March 19, 2014, said show cause order with proof of service thereof, the affirmation of Lia B. Mitchell, Esq., dated March 24, 2014, and the affirmation of Melissa A. Murphy-Petros, Esq., dated March 24, 2014, the notice of cross motion with proof of service thereof, the affirmation of Alan J. Pierce, Esq., received April 1, 2014, the affidavit of Michael J. Hutter, Esq,. sworn to April 3, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are granted, and the new trial is stayed as to all defendants in this action pending the Court's determination of the appeals taken herein, on the condition that the appeals are perfected on or before June 13, 2014.
Frances E. Cafarell, Clerk