| Rivera v Stand Up MRI of Elmhurst, P.C. |
| Motion No: 2020-01685 |
| Slip Opinion No: 2022 NY Slip Op 66303(U) |
| Decided on May 23, 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
M283086
MB/
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
SHERI S. ROMAN
WILLIAM G. FORD, JJ.
|
2020-01685 Julio E. Rivera, as administrator of the estate of Brulinda Rivera, respondent, v Stand Up MRI of Elmhurst, P.C., appellant. (Index No. 15361/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 26, 2019. Motion by Julio E. Rivera, as administrator of the estate of Brulinda Rivera, to be substituted for the deceased respondent Brulinda Rivera, to amend the caption accordingly, to lift the stay that arose upon the death of the deceased respondent Brulinda Rivera, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, Julio E. Rivera, as administrator of the estate of Brulinda Rivera, is substituted for the deceased respondent, Brulinda Rivera, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent, Brulinda Rivera, is vacated; and it is further,
ORDERED that the respondent's time to serve and file a brief is extended, and on or before June 22, 2022, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., BRATHWAITE NELSON, ROMAN and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court