| Buckeit v Golden |
| Motion No: 2022-08651 |
| Slip Opinion No: 2023 NY Slip Op 73823(U) |
| Decided on September 22, 2023 |
| 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
M291170
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
WILLIAM G. FORD
LOURDES M. VENTURA, JJ.
|
2022-08651 Richard Buckeit, etc., plaintiff-respondent, v Owen Golden, etc., et al., appellants-respondents, Judith Lynn Home for Adults, LLC, et al., respondents-appellants. (Index No. 50354/2018)
| DECISION & ORDER ON MOTION |
Appeals and cross-appeal from an order of the Supreme Court, Westchester County, dated September 20, 2022. The appeal by the appellants-respondents Owen Golden and Owen Golden M.D., P.C., was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants-respondents Owen Golden and Owen Golden M.D., P.C., pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their appeal and to extend the time to perfect their appeal. Motion by the appellant-respondent Jonathan T. Chang to stay the trial in the above-entitled action, pending hearing and determination of the appeals and cross-appeal. Motion by the appellant-respondent Gold Crest Care Center, Inc., to stay the trial in the above-entitled action, pending hearing and determination of the appeals and cross-appeal.
Upon the papers filed in support of the motion by the appellants-respondents Owen Golden and Owen Golden M.D., P.C., and the papers filed in opposition thereto, upon the papers filed in support of the motion by appellant-respondent Jonathan T. Chang, and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion by the appellant-respondent Gold Crest Care Center, Inc., and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellants-respondents Owen Golden and Owen Golden M.D., P.C., to vacate the dismissal of their appeal and to extend the time to perfect their appeal is denied; and it is further,
ORDERED that the motions by the appellant-respondent Jonathan T. Chang and the appellant-respondent Gold Crest Care Center, Inc., to stay the trial in the above-entitled action are denied.
DILLON, J.P., CHAMBERS, FORD and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court