Eve Tedeschi and Phil Tedeschi v Lillian Cohen the New York and Presbyterian Hospital Weill CornellMedical College

Motion No: M-4129

Slip Opinion No: 2018 NYSlipOp 83147(U)

Decided on September 13, 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.

September 13, 2018

Eve Tedeschi and Phil Tedeschi,

Plaintiffs-Appellants-Respondents,

v

Lillian Cohen, The New York and Presbyterian Hospital Weill CornellMedical College,

Defendants-Appellants-Respondents,

Quest Diagnostics,

Defendant-Respondent-Appellant.

Appeals and a cross appeal having been taken to this Court from orders of the Supreme Court, New York County, entered on or about September 29, 2017 and March 12, 2018, respectively, And defendants-appellants Lillian Cohen, et al. having moved for consolidation of their appeal, and the appeal taken by plaintiffs, from the order entered on or about September 29, 2017, with the appeal taken by plaintiff and the cross-appeal taken by defendant Quest Diagnostics from the order entered on or about March 12, 2018, and for an enlargement of time to perfect their appeal from the September 29, 2017 order (M-3480), And defendant Quest Diagnostics having cross-moved to dismiss the direct appeals taken by plaintiffs and the Cohen defendants from the order entered on or about September 29, 2017 (M-4129), 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 (M-3480) is granted to the extent that the Cohen defendants and plaintiffs' time to perfect their appeals from the order entered on or about September 29, 2017 is enlarged to the January 2019 Term. Sua sponte, plaintiffs' appeals from the orders entered September 29, 2017 and March 12, 2018 are consolidated and the Clerk of this Court is directed to calendar the Cohen defendants, plaintiffs and defendant Quest's appeals to be heard together on the same date of the January 2019 Term. The attention of the parties is directed to 22 NYCRR § 600.11 with respect to a joint record and costs thereof (M-3480). The cross motion (M-4129) is denied. ENTERED: September 13, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-4129

M-3480

Index No. 805293/16