Jose Torres v Alok Sharan M.D. et al. .

Motion No: M-5191

Slip Opinion No: 2017 NYSlipOp 90174(U)

Decided on October 24, 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 24, 2017

Jose Torres,

Plaintiff-Appellant,

v

Alok Sharan M.D., et al.,

Defendants-Respondents.

Defendants-respondents having moved for dismissal of the appeal taken from an order of the Supreme Court, Bronx County, entered on or about October 21, 2016, for failure to timely perfect (M-4749), And plaintiff-appellant having cross-moved for an enlargement of time to perfect the appeal (M-5191), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of dismissing the appeal unless perfected for the February 2018 Term (M-4749). The cross motion is granted to the extent of adjourning the appeal to the February 2018 Term; striking and the record on appeal filed by plaintiff-appellant on January 31, 2017, in accordance with the stipulation of the parties dated March 22, 2017 (M-5191). Plaintiff-appellant is directed to file a complete record on appeal, excluding all memoranda of law, and

containing all papers and exhibits filed with respect to defendants' summary judgment motion, on or before December 4, 2017, for the February 2018 Term. ENTERED: October 24, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Jeffrey K. Oing Anil C. Singh, Justices

M-5191

M-4749

Index No. 310119/10