Olivia Ross an Infant by her Mother v Marilyn Morris M.D. et al.

Motion No: M-8501

Slip Opinion No: 2020 NYSlipOp 60340(U)

Decided on January 9, 2020

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.

January 9, 2020

Olivia Ross, an Infant, by her Mother

and Natural Guardian, Victoria Ross,

Plaintiff-Appellant,

v

Marilyn Morris, M.D., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the judgment

of the Supreme Court, New York County, entered on or about February 13, 2019, and the order upon which the judgment is based, same Court, entered on or about December 6, 2018,And plaintiff-appellant having moved to enlarge the record on appeal, to compel witnesses and counsel to provide findings to this Court, for an extension of time to perfect this appeal, and to expedite this motion, 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 deemed one to vacate the dismissal of the appeal and, as such, is granted, the dismissal is vacated, the appeal reinstated and the time to perfect said

appeal is extended to the May 2020 Term of this Court. Plaintiff-appellant is directed to notify her counsel of this Court's order; the motion is otherwise denied. ENTERED: January 9, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman Dianne T. Renwick Cynthia S. Kern Jeffrey K. Oing, Justices

M-8501

Index No. 805116/14