Alberto Betancourt personally and as v Mount Sinai Hospital et al. .

Motion No: M-1845

Slip Opinion No: 2019 NYSlipOp 70921(U)

Decided on May 21, 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.

May 21, 2019

Alberto Betancourt, personally, and as

Next of Kin and on behalf of Ada

Rodriguez, Decedent,

Plaintiff-Appellant,

v

Mount Sinai Hospital, et al.,

Defendants-Respondents.

A purported appeal having been taken to this Court from the order to show cause of the Supreme Court, New York County, entered on or about January 22, 2019, which struck plaintiff-appellant's request for a temporary restraining order,And plaintiff-appellant having moved for an order staying all proceedings in the above entitled action pending the hearing and determination of the appeal and enforcing the order of the Supreme Court, New York County entered on or about March 15, 2019, which granted plaintiff an extension of time to serve his summons with notice upon defendant Mount Sinai Hospital, and for poor person and other relief, 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, deemed to include a request for relief pursuant to CPLR 5704(a), is denied. ENTERED: May 21, 2019

_____________________ DEPUTY CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern Peter H. Moulton, Justices

M-1845

Index No. 101628/17