Ricky Zegelstein M.D. Custom v Michael J. Faust M.D. Michael Krumholz M.D. Jed Kaminetsky M.D.

Motion No: M-4196

Slip Opinion No: 2018 NYSlipOp 85554(U)

Decided on October 9, 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 9, 2018

Ricky Zegelstein, M.D. Custom

Anesthesia Services, P.C., et al.,

Plaintiffs-Appellants,

v

Michael J. Faust, M.D., Michael

Krumholz, M.D., Jed Kaminetsky, M.D.,

Alan Raymond, M.D., Haroon Chaudry,

M.D., and Vcare LLC, doing business as

M.D. Manage, Inc.,

Defendants-Respondents.

An appeal having been taken to this Court by plaintiffs from the order of the Supreme Court, New York County, entered on or about June 12, 2017, and said appeal having been perfected, And defendant-respondent Michael Krumholz, M.D. having moved for an order dismissing the appeal upon the grounds that plaintiffs are not aggrieved by the order appealed, that plaintiffs perfected the appeal upon an incomplete record, and for an award of sanctions (M-3758), And plaintiffs-appellants having moved for the imposition of sanctions against defendant-respondent Michael Krumholz, M.D. for making a frivolous motion (M-4196), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is ordered that,The appeal, sua sponte, is adjourned to the January 2019 Term, and the interim stay granted by the order of a Justice of this Court, dated August 1, 2008, is vacated, and it is further, Ordered that defendant's motion to dismiss the appeal is granted unless plaintiffs file a supplemental record reproducing, in its entirety, the record before this Court on Appeal No. 2714, decided by this Court on January 10, 2017, on or before November 6, 2018 for the January 2019 Term (M-3758). Plaintiff-appellant's motion is denied (M-4196). ENTERED: October 9, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices

M-4196

M-3758

Index No. 651198/14