E.K. an infant under the age of 18 years v

Motion No: M-646

Slip Opinion No: 2019 NYSlipOp 68612(U)

Decided on April 23, 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 23, 2019

E.K., an infant under the age of 18 years,

by his Parent and Natural Guardian

Rosemary Millington, and Rosemary

Millington, Individually, Plaintiffs-Respondents,

v

Montefiore Medical Center,

Defendant-Appellant.

Defendant-appellant having moved for an order, pursuant to 22 NYCRR 1250.10(c), vacating the dismissal of the appeal taken from the order of the Supreme Court, Bronx County, entered on or about June 4, 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 reinstated, and the time to perfect the appeal is enlarged to the September 2019 Term. ENTERED: April 23, 2019

_____________________ CLERK

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

M-646

Index No. 21977/12