Lev Shekhtman Administrator of the v Alla Savransky M.D.

Motion No: M-1311

Slip Opinion No: 2017 NYSlipOp 70739(U)

Decided on April 18, 2017

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.

April 18, 2017

Lev Shekhtman, Administrator of the

Estate of Marina Marmur, and

Lev Shekhtman, Individually,

Plaintiffs-Appellants,

v

Alla Savransky, M.D.,

Defendant-Respondent,

-and-

Alexander Shvarts, M.D., et al.,

Defendants.

An appeal having been taken from an order and judgment

(one paper) of the Supreme Court, New York County, entered on or about September 18, 2015, and said appeal having been perfected for the June 2017 Term, And, defendant-respondent having moved for dismissal of the plaintiffs' appeal, or in the alternative, adjourning the time to file a respondent's brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent

of adjourning the appeal to the September 2017 Term. Sua sponte, the appeal is deemed to be one from the judgment entered on or

about October 26, 2015, bringing up for review the order entered

September 18, 2015. Plaintiffs-appellants are directed to

serve and file, within 10 days of the entry of this order,

a supplemental appendix which consists of the judgment

entered October 26, 2015, and related papers as set forth

in Exhibit B to defendant-respondent's motion papers.

The motion is otherwise denied. Entered: April 18, 2017

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Richard T. Andrias Troy K. Webber Ellen Gesmer, Justices

M-1311

Index No. 108004/09