Woloszuk v. Elizabeth Wende Breast Clinic, LLC

Full title: JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 11, 2017

2017 N.Y. Slip Op. 95776 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 15-00493 DOCKET NO. CA 15-00494 DOCKET NO. CA 15-00495 DOCKET NO. CA 15-00496

12-11-2017

JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, v. ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS, SOUTHEAST OBSTETRICS & GYNECOLOGY, P.C., AND RITA CLEMENT, M.D., DEFENDANTS. (APPEAL NO. 1.) JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, v. ELIZABETH WENDE BREAST CLINIC, LLC, DEFENDANT, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS, SOUTHEAST OBSTETRICS & GYNECOLOGY, P.C., AND RITA CLEMENT, M.D., DEFENDANTS. (APPEAL NO. 2.) JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, v. ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS, SOUTHEAST OBSTETRICS & GYNECOLOGY, P.C., AND RITA CLEMENT, M.D., DEFENDANTS. (APPEAL NO. 3.) JACEK WOLOSZUK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ELLEN WOLOSZUK, DECEASED, PLAINTIFF-RESPONDENT, , v. ELIZABETH WENDE BREAST CLINIC, LLC, WENDE LOGAN-YOUNG, M.D., PHILIP MURPHY, M.D., DEFENDANTS-APPELLANTS, SOUTHEAST OBSTETRICS & GYNECOLOGY, P.C., AND RITA CLEMENT, M.D., DEFENDANTS. (APPEAL NO. 4.)

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Respondent having moved for the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 27, 2014, July 7, 2014, and December 23, 2014, to be restored to the Court's calendar,

Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated November 29, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on condition that respondent's brief is filed and served on or before January 10, 2018, 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 January 25, 2018, and

It is further ORDERED that the appeals are added to the Court's calendar for the term commencing April 3, 2018.

Entered: December 11, 2017

Mark W. Bennett, Clerk