| Osby v Spring Creek Rehabilitation & Nursing Care Center |
| Motion No: 2021-07087 |
| Slip Opinion No: 2022 NY Slip Op 61196(U) |
| Decided on February 2, 2022 |
| 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
M281293
AFA/
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON
SHERI S. ROMAN, JJ.
|
2021-07087 Tammy Osby, etc., appellant, v Spring Creek Rehabilitation & Nursing Care Center, respondent. (Index No. 10365/2015)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, entered August 23, 2021. Motion by the respondent to dismiss the appeal pursuant to Bray v Cox (38 NY2d 350) and to impose costs and sanctions upon the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., DUFFY, BRATHWAITE NELSON and ROMAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court