Appellate Division: Second Judicial Department

M286232

AFA/

MARK C. DILLON, J.P.

JOSEPH A. ZAYAS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2020-06507 Melody Santos, etc., respondent, v Westchester Medical Center, appellant. (Index No. 54454/2020)

DECISION & ORDER ON MOTION

2022-05740

Melody Santos, etc., respondent,

v Westchester Medical Center, appellant.

(Index No. 54454/2020

Appeals from a decision of the Supreme Court, Westchester County, dated July 24, 2020, and an order of the same court dated July 12, 2022. By order to show cause dated July 8, 2022, the parties were directed to show cause before this Court why the appeal from the decision should or should not be dismissed on the ground that no appeal lies a from decision.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted, and the appeal from the decision is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that on the Court's own motion, the appendix and briefs filed in connection with the appeal from the decision are deemed to be filed in connection with the appeal from the order, and on or before January 3, 2023, (1) the parties shall serve and file, via NYSCEF, replacement copies of the appendix and briefs that contain Appellate Division Docket No. 2022-05740, and omit Appellate Division Docket No. 2020-06507, and (2) the appellant shall serve and file, via NYSCEF, a supplemental appendix containing the order and the notice of appeal from the order.

DILLON, J.P., ZAYAS, DOWLING and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court