Seth MitchellagainstCigna Corporation et al. v Cigna Corporation et al. .

Motion No: M-2297

Slip Opinion No: 2020 NYSlipOp 70519(U)

Decided on August 27, 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.

August 27, 2020

Seth Mitchell, Plaintiff-Appellant,

v

Cigna Corporation, et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 28, 2019, and the appeal having been perfected, And defendants-respondents The Goldman Sachs Group, Inc., Edith Cooper, Gena Palumbo, James Daly, and Katherine O'Neill

(M-2054) and defendants-respondents Cigna Corporation, Nicole Jones, John Murabito, Leah Calabria and Melanie Dougherty

(M-2297) having separately moved to dismiss the appeal for lack of jurisdiction, And plaintiff-appellant having moved for leave to amend the appendix on appeal (M-2271) and for partial summary judgment

(M-2272), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the defendants-respondents' motions to dismiss the appeal (M-2054, M-2297) are granted and the appeal is dismissed. Plaintiff-appellant's motions (M-2271, M-2272) are denied. ENTERED: August 27, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2297

M-2272

M-2271

M-2054

Index No. 450989/19