Opinion
DOCKET NO. CA 12-01911 Index No: 2011-2128
03-04-2013
IN THE MATTER OF SMALL SMILES LITIGATION KELLY VARANO, AS PARENT AND NATURAL GUARDIAN OF INFANT JEREMY BOHN, SHANNON FROIO, AS PARENT AND NATURAL GUARDIAN OF INFANT SHAWN DARLING, BRENDA FORTINO, AS PARENT AND NATURAL GUARDIAN OF INFANT JULIE FORTINO, MARIE MARTIN, AS PARENT AND NATURAL GUARDIAN OF INFANT KENNETH KENYON, JENNY LYNN COWHERM, AS PARENT AND NATURAL GUARDIAN OF INFANT WILLIAM MARTIN, HOLLAN CRIPPEN, AS PARENT AND NATURAL GUARDIAN OF INFANT DEVAN MATHEWS, JESSICA RECORE, AS PARENT AND NATURAL GUARDIAN OF INFANT SAMANTHA MCLOUGHLIN, LAURIE RIZZO AND DOMINICK RIZZO, AS LEGAL CUSTODIANS OF INFANT JACOD MCMAHON, JASON MONTANYE, AS PARENT AND NATURAL GUARDIAN OF INFANT KADEM MONTANYE AND FRANCES SHELLINGS, AS PARENT AND NATURAL GUARDIAN OF INFANT RAYNE SHELLINGS, 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 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., DIMITRI FILOSTRAT, D.D.S., YAQOOB KHAN, D.D.S., DELIA MORALES, D.D.S., JANINE RANDAZZO, D.D.S., LOC VINH VUU, D.D.S., AND GRACE YAGHMAI, D.D.S., DEFENDANTS-APPELLANTS. [ACTION NO. 1.] 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., KATHLEEN POLEON, D.D.S., SONNY KHANNA, D.D.S., KIM PHAM, D.D.S., DOUG GARDENER, D.D.S., GARY GUSMEROTTI, D.D.S., ELLEN NAM, D.D.S., AND LAWANA FUQUAY, D.D.S., DEFENDANTS-APPELLANTS. [ACTION NO. 2.] TIMOTHY ANGUS, AS PARENT AND NATURAL GUARDIAN OF INFANT JACOB ANGUS, JESSALYNN PURCELL, AS PARENT AND NATURAL GUARDIAN OF INFANT ISAIAH BERG, BRIAN CARTER, AS PARENT AND NATURAL GUARDIAN OF INFANT BRIANA CARTER, APRIL FERGUSON, AS PARENT AND NATURAL GUARDIAN OF INFANT JOSEPH FERGUSON, SHERAIN RIVERA, AS PARENT AND NATURAL GUARDIAN OF INFANT SHADAYA GILMORE, TONYA POTTER, AS PARENT AND NATURAL GUARDIAN OF INFANT DESIRAEE HAGER, NANCY WARD, LEGAL CUSTODIAN OF INFANT AALYIAROSE LABOMBARD-BLACK, NANCY WARD, AS LEGAL CUSTODIAN OF INFANT MANUEL LABORDE JR., JENNIFER BACON, AS PARENT AND NATURAL GUARDIAN OF INFANT ASHLEY PARKER AND COURTNEY CONRAD, AS PARENT AND NATURAL GUARDIAN OF INFANT ZAKARY WILSON, 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 ALBANY, LLC, ALBANY ACCESS DENTISTRY, PLLC, 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, MAZIAR IZADI, D.D.S., LAURA KRONER, D.D.S., JUDITH MORI, D.D.S., LISSETTE BERNAL, D.D.S., EDMISE FORESTAL, D.D.S., EVAN GOLDSTEIN, D.D.S., KEERTHI GOLLA, D.D.S., NASSEF LANCEN, D.D.S., WADIA HANNA, D.D.S., AND BERNICE LITTLE-MUNDLE, D.D.S., DEFENDANTS-APPELLANTS. [ACTION NO. 3.]
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendants FORBA Holdings, LLC, now known as Church Street Health Management, LLC, FORBA NY, LLC, Small Smiles Dentistry of Albany, LLC, Albany Access Dentistry, PLLC, Small Smiles Dentistry of Rochester, LLC, Small Smiles Dentistry of Syracuse, LLC, Naveed Aman, D.D.S., Koury Bonds, D.D.S., Tarek Elsafty, D.D.S., Yaqoob Khan, D.D.S., Maziar Izadi, D.D.S., Judith Mori, D.D.S., Edmise Forestal, D.D.S., Sonny Khanna, D.D.S., Evan Goldstein, D.D.S., Keerthi Golla, D.D.S., Nassef Lancern, D.D.S., Ismatu Kamara, D.D.S., Kim Pham, D.D.S., and Shilpa Agadi, D.D.S., having moved to expedite the appeal taken from an order of Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 4, 2012, and
Plaintiffs having cross-moved for an extension of time to file and serve their respondents' brief,
Now, upon reading and filing the affidavits of Kevin E. Hulslander, Esq., sworn to January 25, 2013, and February 6, 2013, the affidavit of Thomas M. Witz, Esq., sworn to January 30, 2013, the affidavits of Michael J. Hutter, Esq., sworn to February 1, 2013, and February 4, 2013, the notices of motion and cross motion with proof of service thereof, the affidavit of Caitlin Donovan, Esq., sworn to February 7, 2013, and the affirmation of Alan J. Pierce, Esq., dated February 8, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motions insofar as they seek to expedite the appeal are denied, and
It is further ORDERED that the cross motion insofar as it seeks an extension of time to file and serve a respondents' brief is granted on condition that the brief is filed and served on or before April 3, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 18, 2013.
Frances E. Cafarell, Clerk