Henryk Lampkowski v Raul Parra M.D. and Memorial Kettering Cancer Center

Motion No: M-371

Slip Opinion No: 2019 NYSlipOp 68194(U)

Decided on April 18, 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.

April 18, 2019

Henryk Lampkowski,

Plaintiff-Appellant,

v

Raul Parra, M.D. and Memorial

Kettering Cancer Center,

Defendants-Respondents.

Plaintiff-appellant having moved pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, New York County, entered on or about February 15, 2018, and upon vacatur, for leave to amend the notice of appeal and pre-argument statement and 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 to the extent of reinstating the aforementioned appeal and deeming the amended notice of appeal and pre-argument statement annexed to the moving papers as valid and timely filed (CPLR 5520[c]). The time in which to perfect the appeal is hereby enlarged to the September 2019 Term. ENTERED: April 18, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding,John W. Sweeny, Jr. Rosalyn H. Richter Jeffrey K. Oing Peter H. Moulton, Justices

M-371

Index No. 805213/15