| Nwasike v Wagner |
| Motion No: 2020-05605 |
| Slip Opinion No: 2021 NY Slip Op 68370(U) |
| Decided on June 28, 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
M277925
E/sl
SYLVIA O. HINDS-RADIX, J.P.
COLLEEN D. DUFFY
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2020-05605 Chinyere Nwasike, appellant, et al., plaintiff, v John Wagner, etc., et al., respondents. (Index No. 66693/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated June 25, 2020. Motion by the respondents Cara Chartier, P.C., Olga Porotin, and Huntington Hospital to dismiss the appeal insofar as taken against them pursuant to CPLR 5511 or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant to impose a sanction upon those respondents and for an award of costs.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal insofar as taken against the respondents Cara Chartier, P.C., Olga Porotin, and Huntington Hospital is granted and the appeal insofar as taken against those respondents is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the cross motion is denied.
HINDS-RADIX, J.P., DUFFY, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court