Othilda Wynter as Administratrix v Our Lady of Mercy Medical Center et al. .

Motion No: M-5050

Slip Opinion No: 2016 NYSlipOp 95910(U)

Decided on December 6, 2016

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 6, 2016

Othilda Wynter, as Administratrix

of the Estate of Clifton Wynter and

Othilda Wynter,

Plaintiff-Appellant,

v

Our Lady of Mercy Medical Center, et al.,

Defendants-Respondents.

Plaintiff-appellant having moved for an enlargement of time to perfect the appeal from the order of the Supreme Court, Bronx County, entered on or about August 6, 2015 (M-4491), And defendants-respondents Our Lady of Mercy Medical Center, Patricia Scanlon, M.D., and Jerry Balentine, M.D. having cross-moved to dismiss the appeal (M-4847), And defendant-respondent Stephen Weitz, M.D., having cross-moved for an order dismissing the appeal (M-4899), And plaintiff-appellant having cross-moved for an order deeming the appeal from the order entered August 6, 2015 to be a timely filed appeal from the subsequent judgment entered September 15, 2015 in which the order was subsumed (M-5035), And defendant-respondent New York City Health and Hospitals Corporation having cross-moved for an order dismissing the appeal (M-5050), Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, It is ordered that the motion and cross motion by plaintiff-appellant are granted to the extent of deeming plaintiff's notice of appeal from the August 6, 2015 order to be from the three judgments entered on or about September 15, 2015 and September 24, 2015, and enlarging the time to perfect the appeal to the May 2017 Term (M-4491/M-5035). The cross motions are granted to the extent of dismissing the appeal unless plaintiff perfects for said May 2017 Term (M-4847/M-4899/M-5050). ENTERED: December 6, 2016

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Richard T. Andrias Karla Moskowitz Judith J. Gische Ellen Gesmer, Justices

M-5050

M-5035

M-4499

M-4847

M-4491

Index No. 23492/91