Phyllis Carcia Deceased by JoAnne v Leticia Gonzalez M.D. and Richard Greif M.D.

Motion No: M-3008

Slip Opinion No: 2019 NYSlipOp 77317(U)

Decided on August 13, 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.

August 13, 2019

Phyllis Carcia, Deceased, by Jo-Anne

Tavano, as Administratrix of her

Estate,

Plaintiffs-Appellants,

v

Leticia Gonzalez, M.D. and

Richard Greif, M.D.,

Defendants-Respondents,

Richard Radna, M.D., Frank J. Maselli, M.D.,

and St. Josephs's Medical Center,

Defendants.

By notices of appeals dated October 8, 2018 and November 21, 2018, separate appeals having been taken from two orders of the Supreme Court, New York County, both entered on or about September 14, 2018, and Plaintiff-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal pertaining to the Notice of Appeal dated November 21, 2018, and upon vacatur, for an enlargement of time to perfect the appeals from both orders, 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 dismissal is vacated, the appeal pertaining to the Notice of Appeal dated November 21, 2018 reinstated, and the time to perfect both appeals is enlarged to the December 2019 Term.ENTERED: August 13, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding,Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3008

Index No. 805346/14