Madeline Hosking as Administratrix v

Motion No: M-7805

Slip Opinion No: 2019 NYSlipOp 85392(U)

Decided on December 5, 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.

December 5, 2019

Madeline Hosking, as Administratrix

of the Estate of Jeanette Martinez,

Deceased,

Plaintiff-Respondent-Appellant,

v

Memorial Sloan-Kettering Cancer Center,

Defendant-Appellant-Respondent.

An appeal and cross appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about September 21, 2016, and the appeal having been perfected, And plaintiff-respondent-appellant having moved for an order: (i) substituting Madeline Hosking, as Administratrix of the Estate of Jeanette Martinez, as party plaintiff in the place and stead of Jeanette Martinez; (ii) amending the caption to reflect such substitution; and (iii) lifting the stay of proceedings, 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 to the extent that the caption is amended as indicated; the stay of proceedings is

lifted; the perfected appeal is adjourned to the March 2020 Term of this Court; and plaintiff's time within which to perfect the cross appeal is extended to said March 2020 Term. ENTERED: December 5, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding, Angela M. Mazzarelli Anil C. Singh Peter H. Moulton, Justices

M-7805

Index No. 22678/13E