| Khass v New York-Presbyterian Brooklyn Methodist Hospital |
| Motion No: 2020-02659 |
| Slip Opinion No: 2021 NY Slip Op 67921(U) |
| Decided on June 16, 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. |
Appellate Division: Second Judicial Department
M277698
E/sl
CHERYL E. CHAMBERS, J.P.
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER
WILLIAM G. FORD, JJ.
|
2020-02659, 2020-04879 Walid Khass, respondent, v New York-Presbyterian Brooklyn Methodist Hospital, appellant, et al., defendants. (Index No. 516861/2019)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Kings County, dated February 13, 2020, and an order and judgment (one paper) of the same court dated June 23, 2020. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment, to consolidate the appeals, and for leave to serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment.
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, the dismissal of the appeal from the order and judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, on or before July 16, 2021, the parties shall submit covers for the copies of the record and briefs filed with the Clerk of this Court that contain Appellate Division Docket No. 2020-04879, in addition to Appellate Division Docket No. 2020-02659, file replacement copies of the record and briefs that contain the corrected covers via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement copies of record and briefs and upload digital copies of the replacement record and briefs, with proof of service thereof, through the digital portal on this Court's website, and on or before July 16, 2021, the appellant shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload digital copies of the supplemental record, with proof of service thereof, through the digital portal on this Court's website.
CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and FORD, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court