| Long Island Thoracic Surgery P.C. v Building Service 32BJ Health Fund |
| Motion No: 2022-07527 |
| Slip Opinion No: 2023 NY Slip Op 77126(U) |
| Decided on November 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
M292449
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2022-07527 Long Island Thoracic Surgery P.C., et al., appellant-respondent, v Building Service 32BJ Health Fund, respondent-appellant. (Index No. 615647/2019)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated August 19, 2022. Motion by the appellant-respondent to dismiss the cross-appeal on the ground that the respondent-appellant is not aggrieved by the order, for failing to timely perfect the cross-appeal, and, inter alia, to preclude the respondent-appellant from filing a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CONNOLLY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court