Anonymous v Fresenius Medical Care Holdings Inc

Motion No: M-5702

Slip Opinion No: 2018 NYSlipOp 90518(U)

Decided on December 11, 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 11, 2018

Anonymous,

Plaintiff-Appellant,

v

Fresenius Medical Care Holdings, Inc.

(doing business as Fresenius Medical

Care North America), et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about August 7, 2018, And an order of this Court having been entered on October 4, 2018 (M-4069), granting a stay of proceedings, pending the hearing and determination of the appeal, and enjoining, as characterized by plaintiff-appellant, the termination of life sustaining hemodialysis by defendants-respondents, on condition the appeal be perfected for the January 2019 Term, And plaintiff-appellant having moved for an enlargement of time to perfect the appeal and for an extension of the stay and injunctive relief granted by this Court in the order entered October 4, 2018, 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 to the extent of continuing the stay and injunctive relief granted by the order this Court, entered October 4, 2018, on condition the appeal is perfected by the April 2019 Term, with no further enlargements or extension of the stay and injunctive relief to be granted. ENTERED: December 11, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, John W. Sweeny, Jr. Sallie Manzanet-Daniels Ellen Gesmer Anil C. Singh,Justices

M-5702

Index No. 100841/18