Lori Bogin as Executrix of the v Yasmin Metz M.D. Manhattan Endoscopy PLLC

Motion No: M-3380

Slip Opinion No: 2019 NYSlipOp 79137(U)

Decided on September 10, 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.

September 10, 2019

Lori Bogin, as Executrix of the

Estate of Heath Bogin, Deceased, and

Lori Bogin, Individually,

Plaintiffs-Appellants-Respondents,

v

Yasmin Metz, M.D., Manhattan

Endoscopy, PLLC,

Defendants-Respondents,

Danielle Nicolo, M.D.,

Defendant-Respondent-Appellant,

Weill Cornell Medical Associates,

Yasmin Metz, M.D., Manhattan

Endoscopy, PPLC, James Stulman, M.D.,

Ruben Niesvizky, M.D., and New York

Presbyterian/Weill Cornell Medical

Center,

Defendants-Respondents.

Plaintiffs-appellants having moved, pursuant to 22 NYCRR 1250.10( c) to vacate the dismissal of the appeal taken from an order of the Supreme Court, New York County, entered on or about December 5, 2018, and upon vacatur, for an enlargement of time to perfect said 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 dismissal vacated, the appeal reinstated, and the time to perfect said appeal is enlarged to the January 2020 Term. ENTERED: September 10, 2019

_____________________ CLERK

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

M-3380

Index No. 805160/16