Matter of Bench v Brookhaven Heart, PLLC
Motion No: 2020-04551
Slip Opinion No: 2021 NY Slip Op 63104(U)
Decided on March 17, 2021
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276074

MB/

SYLVIA O. HINDS-RADIX, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-04551

In the Matter of Travis Bench, etc., et al., appellants,

v Brookhaven Heart, PLLC, respondent.

(Index No. 622692/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated May 6, 2020. Motion by the appellants, inter alia, to extend the time to perfect the appeal until 30 days after a determination by the Court of Appeals in actions entitled Schoch v Lake Champlain OB-GYN, P.C., Case No. APL-2020-0169, and Columbia Memorial Hospital v Hinds, Case No. APL-2021-00001.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that within 30 days after a determination by the Court of Appeals in actions entitled Schoch v Lake Champlain OB-GYN, P.C., Case No. APL-2020-0169, and Columbia Memorial Hospital v Hinds, Case No. APL-2021-00001, the appellants shall perfect the appeal or advise the Court that they are withdrawing the appeal, and the motion is otherwise denied.

The parties shall advise this Court expeditiously when the Court of Appeals decides

Schoch v Lake Champlain OB-GYN, P.C., Case No. APL-2020-0169, and Columbia Memorial Hospital v Hinds, Case No. APL-2021-00001. .

HINDS-RADIX, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court