Svetlana Martin v Stephen Silver M.D. .

Motion No: M-4336

Slip Opinion No: 2018 NYSlipOp 85037(U)

Decided on October 2, 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.

October 2, 2018

Svetlana Martin,

Plaintiff-Appellant,

v

Stephen Silver, M.D.,

Defendant-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about May 26, 2017, and said appeal having been perfected, And defendant-respondent having to dismiss the aforesaid appeal, or in the alternative, for an enlargement of time to file a respondent's brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that so much of the motion seeking dismissal of the aforesaid appeal is denied. Sua sponte, defendant is granted leave to file a supplemental appendix, if so advised, with costs to abide the appeal. The perfected appeal is adjourned to the January 2019 Term. ENTERED: October 2, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding,John W. Sweeny, Jr. Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing,Justices

M-4336

Index No. 103214/10