Appellate Division: Second Judicial Department

M281822

MB/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-02749 Johnnie Ellis, respondent, v Arabia Divine Mollette, etc., et al., appellants, et al., defendants. (Index No. 502484/2018)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated March 22, 2021. The appeals by Wyckoff Heights Medical Center and Alexander Tsukerman were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Wyckoff Heights Medical Center and separate motion by the appellant Alexander Tsukerman, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their appeals and to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted, the dismissal of the appeals by Wyckoff Heights Medical Center and Alexander Tsukerman, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before April 8, 2022, the appellants Wyckoff Heights Medical Center and Alexander Tsukerman shall serve and file their respective appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve their respective appellant's briefs and upload a digital copy of their appellant's briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that on the Court's own motion, in the event that the appellants Wyckoff Heights Medical Center and Alexander Tsukerman serve and file their briefs, the respondent may serve and file a replacement brief containing both the respondent's contentions in response to the brief filed by the appellants Arabia Divine Mollette, New York City Health and Hospitals Corporation, and Woodhull Medical and Mental Health Center, as well as the respondent's contentions in response to the briefs filed by the appellants Wyckoff Heights Medical Center and Alexander Tsukerman on or before May 9, 2022, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and, upon the filing of the replacement respondent's brief, the respondent's previously filed brief will be stricken.

IANNACCI, J.P., MILLER, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court