Ricky Zegelstein M.D. Custom Anesthesia v Michael J. Faust M.D. et al.

Motion No: M-6748

Slip Opinion No: 2018 NYSlipOp 67278(U)

Decided on March 20, 2018

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.

March 20, 2018

Ricky Zegelstein, M.D., Custom Anesthesia

Services, P.C., and Innovative Anesthesia

Solutions, P.C.,

Plaintiffs-Appellants,

v

Michael J. Faust, M.D., et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about June 12, 2017, And plaintiffs-appellants having moved for an enlargement

of time to perfect their appeal (M-6223), And defendant-respondent Michael J. Faust, M.D., having cross-moved to dismiss the appeal, and to impose sanctions upon plaintiffs (M-6748),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 plaintiffs' motion is granted to the extent of enlarging the time to perfect the appeal to the September 2018 Term (M-6223). Defendant's cross motion is

denied in its entirety, without prejudice to raising the arguments advanced in his moving papers directly on appeal.

Sua sponte, defendant is granted leave to attach the opinion

and order of the U.S. District Court, Southern District

(Zegelstein v Chaudhry 16-civ-3090 [KBF]), dated October 17, 2017, as an addendum to his respondent's brief, along with

a copy of this order (M-6748). ENTERED: March 20, 2018

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding,Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices

M-6748

M-6223

Index No. 651198/14