the Hertz Corporation etc. v Acupuncture Now P.C. et al.

Motion No: M-2286

Slip Opinion No: 2018 NYSlipOp 78056(U)

Decided on July 19, 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 19, 2018

The Hertz Corporation, etc.,

Plaintiff-Respondent,

v

Acupuncture Now, P.C., et al., Defendants-Appellants,

-and-

Electrophysiological Medical

Diagnostic, P.C., et al.,

Defendants.

Defendant having moved for an order deeming their appeal as timely filed and for an enlargement of time in which to perfect the appeal from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about April 15, 2017 [M-2152], And plaintiff having cross-moved for dismissal of the aforesaid appeal as untimely and, on the additional grounds as to defendant Ksenia Pavlova, D.O., for lack of standing [M-2286], 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 defendant's motion is denied in its entirety [M-2152]. Plaintiff's cross motion is granted and the appeal is dismissed [M-2286]. ENTERED: July 19, 2018

_____________________ CLERK

Present: Hon. Rosalyn H. Richter,Justice Presiding, Troy K. Webber Marcy L. Kahn Cynthia S. Kern Jeffrey K. Oing, Justices

M-2286

M-2152

Index No. 159860/15