Maura Lemetti and Daniel Lemetti v Mark Mohrmann M.D.

Motion No: M-4833

Slip Opinion No: 2018 NYSlipOp 89909(U)

Decided on December 4, 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.

December 4, 2018

Maura Lemetti and Daniel Lemetti,

Plaintiffs-Appellants,

v

Mark Mohrmann, M.D., Defendant-Respondent,

v

Albert Einstein Hospital/Montefiore,

Defendant.

Defendant-respondent having moved for dismissal of the appeal taken from a judgment of the Supreme Court, Bronx County, entered on or about February 22, 2018, on the ground that no appeal was taken from an order entered upon the default of the aggrieved party (CPLR 5511), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the appeal is dismissed. ENTERED: December 4, 2018

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Barbara R. Kapnick Troy K. Webber Peter H. Moulton, Justices

M-4833

Index No. 21586/16E