Michele Caruso Roeser and v Mitchell N. Essig M.D. Midtown Reproductive Medicine P.C. and

Motion No: M-6361

Slip Opinion No: 2019 NYSlipOp 66223(U)

Decided on March 26, 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 26, 2019

Michele Caruso Roeser and

Douglas Roeser,

Plaintiffs-Appellants,

v

Mitchell N. Essig, M.D., Midtown

Reproductive Medicine, P.C., and

Advanced Fertility Service, P.C.,

Defendants-Respondents.

Plaintiffs-appellants, having moved pursuant to 22 NYCRR

1250.10(c) to vacate the dismissal of appeal taken from an order of the Supreme Court, New York County, entered on or about January 26, 2018, and upon vacatur, for an enlargement of time to perfect the appeal, 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, the appeal is reinstated and the time to perfect same is enlarged to the September 2019 Term.ENTERED: March 26, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding,Peter Tom Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices

M-6361

Index No. 805393/14