Miriam Vazquez as Administrator of v Beth Abraham Health Services

Motion No: M-791

Slip Opinion No: 2019 NYSlipOp 65060(U)

Decided on March 12, 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.

March 12, 2019

Miriam Vazquez, as Administrator of

the Estate of Ernesto Vazquez,

deceased, and Miriam Vazquez,

individually,

Plaintiff-Respondent,

v

Beth Abraham Health Services,

Defendant-Appellant,

John Doe 1-3. Etc.,

Defendants.

- - - - - - - - - - - - - - -

[And a third-party action]

An appeal having been taken to this Court from the order

of the Supreme Court, Bronx County, entered on or about September 12, 2018, and said appeal having been perfected, And defendant-appellant having moved for a stay of trial pending hearing and determination of the appeal, and for an enlargement of time to file a reply brief to March 8, 2019, 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, to the extent it seeks a stay, is denied. The interim stay of trial granted by a Justice of this Court on February 5, 2019, is vacated. The motion, to the extent defendant-appellant seeks an extension of time to file

a reply brief until March 8, 2018, is denied as unnecessary, that date being the deadline for filing a reply brief for the April 2019 Term, to which Term the perfected appeal has already been adjourned.ENTERED: March 12, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Troy K. Webber Ellen Gesmer Anil C. Singh,Justices

M-791

Index No. 302183/10