| Mello v Long Island Vitreo-Retinal Consultant, P.C. |
| Motion No: 2017-05862 |
| Slip Opinion No: 2018 NY Slip Op 74394(U) |
| Decided on June 7, 2018 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M251065
E/afa
JOHN M. LEVENTHAL, J.P.
JEFFREY A. COHEN
HECTOR D. LASALLE
LINDA CHRISTOPHER, JJ.
|
2017-05862 Bruce Mello, plaintiff-respondent, v Long Island Vitreo-Retinal Consultant, P.C., et al., defendants-respondents, Opthalmic Consultants of Long Island, et al., appellants.
(Index No. 8280/13)
| DECISION & ORDER ON MOTION |
2017-12682
Bruce Mello, plaintiff-respondent, v Long
Island Vitreo-Retinal Consultant, P.C., et al.,
defendants-respondents, Opthalmic Consultants
of Long Island, et al., appellants.
(Index No. 8280/13)
Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Nassau County, one entered April 19, 2017, and one dated November 2, 2017, or, in the alternative, to calendar the appeals together. Cross motion by the plaintiff-respondent to dismiss the appeal from the order dated November 2, 2017, on the ground that no appeal lies from an order denying reargument or, in the alternative, to enlarge the time to serve and file a brief with respect to that appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,
ORDERED that the branch of the motion which is to calendar the appeals together is granted and the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated November 2, 2017, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief with respect to the appeal from the order dated November 2, 2017, is granted, the respondent's time to serve and file a brief is enlarged until July 23, 2018, and the respondent's brief shall be served and filed on or before that date.
LEVENTHAL, J.P., COHEN, LASALLE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court