| Dwyer v Montefiore New Rochelle Hospital |
| Motion No: 2019-13081 |
| Slip Opinion No: 2022 NY Slip Op 67965(U) |
| Decided on June 27, 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
M283657
MB/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
BARRY E. WARHIT, JJ.
|
2019-13081, 2019-13083, 2019-13084, 2019-13085 Maurice Dwyer, etc., et al., appellants, v Montefiore New Rochelle Hospital, et al., respondents, et al., defendants. (Index No. 65537/2016)
| DECISION & ORDER ON MOTION |
Appeals from four orders of the Supreme Court, Westchester County, all dated October 3, 2019, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals. Cross motion by the respondent Schaffer Extended Care Center to dismiss the appeals for failure to timely perfect.
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 motion is granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 27, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the cross motion is denied.
BARROS, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court