Feng Xie v Joseph-John
Motion No: 2018-10687
Slip Opinion No: 2019 NY Slip Op 76054(U)
Decided on July 25, 2019
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264728

E/sl

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2018-10687

Feng Xie, et al., respondents,

v Sheena Joseph-John, et al., defendants,

Deyin D. Hsing, etc., et al., appellants.

(Index No. 7715/09)

DECISION & ORDER ON MOTION

Separate motions to extend the time to perfect appeals from an order of the Supreme Court, Queens County, dated March 15, 2018. Cross motion by the respondents to dismiss the appeals on the ground that the order is a nullity as the appellant Blanch Simon died on January 25, 2018.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted to the extent that the appeal insofar as taken by the appellant Blanch Simon is dismissed, without costs or disbursements, and the cross motion is otherwise denied; and it is further,

ORDERED that the motions to extend the time to perfect the appeals are granted to the extent that the time to perfect the appeal by the appellants Deyin D. Hsing and New York Presbyterian Hospital/New York Weill Cornell Medical Center and the appeal by the appellants Vesta Salehi, Marjorie Gayanilo, Winifred Benjamin, Kristina Tzortis, and New York Hospital of Queens is extended until August 23, 2019, and the motions are otherwise denied.

BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court