K.R. infant by her Mother and Natural v George P. Roussis M.D. Joseph Trentacosta M.D. deceased by the

Motion No: M-7683

Slip Opinion No: 2019 NYSlipOp 86409(U)

Decided on December 19, 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 19, 2019

K.R., infant by her Mother and Natural

Guardian, Theresa Roam and Theresa Roam,

Individually,

Plaintiffs-Appellants,

v

George P. Roussis, M.D., Joseph

Trentacosta, M.D., deceased, by the

Administrator of his Estate, EWA Kirpan-

Trentacosta, Interboro OB/GYN Associates,

P.C., Francisca Velcek, M.D., and Staten

Island University Hospital,

Defendants-Respondents.

Plaintiffs-appellants having moved to consolidate the appeals taken from an order of the Supreme Court, New York County, entered on or about April 9, 2019, and from two judgments of the same court, both entered on or about August 26, 2019, and for an extension of time to perfect the consolidated appeals, Now, upon reading and filing the papers with respect to the motion, and the Stipulation of the parties hereto, dated October 28, 2019, and due deliberation having been had thereon, It is ordered that the motion is deemed one seeking to vacate the dismissal of the appeal taken from the order entered on or about April 9, 2019 and, as such, is granted, the appeal reinstated, and the time to perfect said appeal is extended to the April 2020 Term of this Court (see, 22 NYCRR 1250.10[c]), andIt is further ordered that that branch of the motion seeking an extension of time to perfect the appeals taken from the two judgments entered on or about August 26, 2019 is granted and the time to perfect the appeals from said judgments is extended to the April 2020 Term, and It is further ordered that the appeals from the order entered April 9, 2019 and judgments entered August 26, 2019 are

deemed withdrawn only as to defendant-respondent, Francisca Velcek, M.D., in accordance with the aforesaid stipulation dated October 28, 2019. That branch of the motion seeking to consolidate the appeals is denied as unnecessary [22 NYCRR 1250.9(f)(3)]. ENTERED: December 19, 2019

_____________________ CLERK

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

M-7683

Index No. 805042/14