Gianfranco Arena Administrator of the v Lester Noah Shaw M.D.

Motion No: M-2248

Slip Opinion No: 2019 NYSlipOp 75100(U)

Decided on July 16, 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.

July 16, 2019

Gianfranco Arena, Administrator of the

Estate of Christine L. Arena and

Gianfranco Arena, Individually,

Plaintiff-Respondent,

v

Lester Noah Shaw, M.D.,

Defendant-Appellant.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 6, 2018, and Defendant-appellant having moved for an order: (1) vacating the dismissal of the aforementioned appeal, pursuant to 22 NYCRR 1250.10(c); (2) upon vacatur and reinstatement of the appeal, for an enlargement of time to perfect same, pursuant to 22 NYCRR 1250.9(b); and (3) consolidating the aforementioned appeal taken from the order entered on or about June 6, 2018 with an appeal taken from an order of the same court entered on or about April 17, 2019, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that that branch of the motion seeking to vacate the dismissal of the appeal taken from the order entered on or about June 6, 2018 is granted, the appeal reinstated, and the time to perfect same is enlarged to the October 2019 Term, and It is further ordered that that branch of the motion seeking consolidation of the appeals taken from orders of the Supreme Court, New York County, entered on or about June 6, 2018 and on or about April 17, 2019, is denied as unnecessary. (See, 22 NYCRR 1250.9(f)(3)). ENTERED: July 16, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Anil C. Singh, Justices

M-2248

Index No. 850095/17