Irie Thompson As Administratrix of v Beth Israel Medical Center

Motion No: M-6637

Slip Opinion No: 2019 NYSlipOp 61863(U)

Decided on January 31, 2019

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.

January 31, 2019

Irie Thompson, As Administratrix of

the Estate of Gloria Thompson,

Plaintiff-Appellant,

v

Beth Israel Medical Center,

Montefiore Medical Center, The Jack

D. Weiler Hospital of the Albert

Einstein College of Medicine and

Terence Cardinal Cooke Health Care

Center,

Defendants-Respondents.

Appeals having been taken by plaintiff-appellant from two orders of the Supreme Court, New York County, entered on or about August 4, 2017 and April 23, 2018, And defendant-respondent Terence Cardinal Cooke Health Care Center, having moved (1) to dismiss the aforementioned appeals, without prejudice to plaintiff-appellant re-filing a properly certified appendix and brief that does reference materials dehors the record; or, in the alternative, (2) striking pages A167-A1949 of the appendix filed by plaintiff-appellant, and all of the text on pages 3, 4, 5, 6, 8, 9, 10, 12 and 13 of plaintiff-appellant's brief referencing those materials, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the instant motion (M-6637) is denied as academic, in light of the order of this Court dated January 17, 2019, (M-6516), which struck plaintiff-appellant's brief and appendix and directed plaintiff to file a brief and appendix which do not include or refer to materials outside the record. ENTERED: January 31, 2019

_____________________ DEPUTY CLERK

Present - Hon. David Friedman, Justice Presiding,Dianne T. Renwick Rosalyn H. Richter Peter Tom Angela M. Mazzarelli, Justices

M-6637

Index No. 20515/09