D.B. an Infant by his Mother v Montefiore Medical Center and

Motion No: M-4619

Slip Opinion No: 2017 NYSlipOp 88007(U)

Decided on October 5, 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.

October 5, 2017

D.B., an Infant, by his Mother

and Natural Guardian, Arlene Brown,

Plaintiff-Respondent,

v

Montefiore Medical Center and

The Jack D. Weiler Hospital of the

Albert Einstein College of Medicine,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about January 10, 2017, And defendants-appellants having moved to stay trial

pending determination of the appeal taken from the aforesaid order, and also pending final disposition, including possible

appeals by defendants of the decision on the pending motion in Supreme Court for preclusion under the Frye doctrine; and defendants having also moved for an enlargement of time to perfect the appeal taken from the January 10, 2017 order to

no less than 60 days after a decision on the motion seeking preclusion is served with notice of entry,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, to the extent it seeks a

stay of trial, is denied; that branch of the motion which seeks an enlargement of time to perfect the appeal is granted only

to the extent of enlarging the time to perfect the appeal to December 4, 2017, for the February 2018 Term, and is otherwise denied, with leave to renew should defendants be so advised, after disposition of the motion for preclusion presently sub judice before Supreme Court. ENTERED: October 5, 2017

__________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Karla Moskowitz Marcy L. Kahn Ellen Gesmer, Justices

M-4619

Index No. 350479/10