Lawrence Lomax v New York City Health and Hospitals Corporation

Motion No: M-4113

Slip Opinion No: 2018 NYSlipOp 91438(U)

Decided on December 20, 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 20, 2018

Lawrence Lomax,

Plaintiff-Appellant,

v

New York City Health and Hospitals Corporation,Defendant-Respondent,

-and-

Bronx Lebanon Hospital,

Defendant.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about July 17, 2015, and said appeal having been perfected, And defendant-respondent having moved to hold the appeal in abeyance pending determination of the within motion, to dismiss the appeal unless plaintiff-appellant files an adequate appendix by a date certain, and to adjourn the time to file a respondent's brief or, in the alternative, to grant defendant-respondent an adjournment to file a respondent's appendix and brief, 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 adjourning the appeal to the April 2019 Term, and granting defendant-respondent leave to file a respondent's appendix, if so advised, and at its own expense. ENTERED: December 20, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Marcy L. Kahn Jeffrey K. Oing Anil C. Singh,Justices

M-4113

Index No. 14495/01