Kelvin Rodriguez as Administrator v Elsa M. Then

Motion No: M-2047

Slip Opinion No: 2018 NYSlipOp 77134(U)

Decided on July 10, 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.

July 10, 2018

Kelvin Rodriguez, as Administrator

of the Estate of Fiordaliza Pichardo,

Deceased, and Fiordaliza Pichardo,

Individually,

Plaintiff-Respondent-Appellant,

v

Elsa M. Then,

Defendant,

Bronx Lebanon Hospital Center, Sahitya

Mallipeddi, M.D., Isaac Dapkins, M.D.

and Jessica Fleisher-Black, M.D.,

Defendants-Appellants-Respondents,

Jane Doe Nurses, et al.,

Defendants.

An appeal and a cross appeal having been taken from an

order of the Supreme Court, Bronx County, entered on or about November 18, 2016, And plaintiff-respondent-appellant having moved for an enlargement of time to perfect their cross appeal (M-1903), And defendants-appellants-respondents having moved for an enlargement of time to perfect their appeal (M-2047), Now, upon reading and filing the papers with respect to the motions and due deliberation having been had thereon, It is ordered that the motions are both granted to the extent of enlarging the time to perfect the appeal and cross appeal to the November 2018 Term; and, sua sponte, the respective parties are directed to proceed upon a joint record or joint appendix and to share equally the cost of said record or appendix. ENTERED: July 10, 2018

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Troy K. Webber Cynthia S. Kern Peter H. Moulton, Justices

M-2047

M-1903

Index No. 21033/11