Appellate Division: Second Judicial Department

M233963

E/ct

RANDALL T. ENG, P.J.

SHERI S. ROMAN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-10134 Robert Johnson, Jr., an infant by his mother and natural guardian, Ashley Taylor, et al., appellants-respondents, v Vassar Brothers Medical Center, defendant, Mridasim Aguwa, etc., et al., respondents-appellants. (Index No. 542/11)

DECISION & ORDER ON MOTION

2017-02112, 2017-03067

Robert Johnson, Jr., an infant by his mother

and natural guardian, Ashley Taylor, et al.,

appellants, v Vassar Brothers Medical

Center, defendant, Mridasim Aguwa,

etc., et al., respondents.

(Index No. 542/11)

Motion by Robert Johnson, Jr., an infant by his mother and natural guardian Ashley Taylor, and Ashley Taylor, individually, on an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated August 17, 2016, an appeal from an order of the same court dated January 27, 2017, and an appeal from an order and judgment (one paper) of the same court dated February 14, 2017, to enlarge the time to perfect the appeal from the order dated August 17, 2016, and to consolidate the appeals and cross appeal. Cross motion by Mridasim Aguwa and Health Quest Medical Practice, P.C., (1) to dismiss the appeal from the order and judgment dated February 14, 2017, inter alia, on the grounds that no appeal lies from an order and judgment entered upon the default of the appealing party and no appeal lies from an order and judgment denying a motion, in effect, for reargument, (2) to dismiss the appeal from the order dated January 27, 2017, and the appeal from stated portions of the order dated August 17, 2016, on the grounds that no appeal lies from an order denying a motion, in effect, for reargument, and they have been rendered academic, and (3) to direct that the cost of printing the portions of the joint record concerning the appeals from the order dated January 27, 2017, and the order and judgment dated February 14, 2017, be borne by Robert Johnson, Jr., and Ashley Taylor in the event that those appeals are consolidated with the appeal and cross appeal from the order dated August 17, 2016. Application by Mridasim Aguwa and Health Quest Medical Practice, P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on the appeal and cross appeal from the order dated August 17, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated August 17, 2016, and the application are granted, the time to perfect that appeal is enlarged until September 9, 2017, the joint record or appendix on the appeal and cross appeal and the brief of Robert Johnson , Jr., and Ashley Taylor shall be served and filed on or before that date, and the answering brief of Mridasim Aguwa and Health Quest Medical Practice, P.C., including the points of argument on the cross appeal, shall be served and filed in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal is denied as unnecessary as the appeals and cross appeal may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branches of the cross motion which are to dismiss the appeals are held in abeyance and referred to the panel of Justices hearing the appeals and cross appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is otherwise granted to the extent that the parties shall share in the costs of the joint record or appendix on the appeal and cross appeal from the order dated August 17, 2016, in accordance with 22 NYCRR 670.8(c)(1).

ENG, P.J., ROMAN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court