| Ayhan v Maimonides Medical Center |
| Motion No: 2023-01710 |
| Slip Opinion No: 2023 NY Slip Op 79270(U) |
| Decided on December 27, 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
M293240
AFA/
MARK C. DILLON, J.P.
DEBORAH A. DOWLING
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2023-01710 Tugce Ayhan, etc., appellant, v Maimonides Medical Center, respondent. (Index No. 517301/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, dated January 24, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant to enlarge the record to include certain material. Cross-motion by the respondent to enjoin the appellant from filing a brief until the motion to enlarge the record is decided, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to vacate the dismissal and the papers filed in relation thereto, and upon the papers filed in support of the motion to enlarge the record and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 26, 2024, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion to enlarge the record to include certain material is denied; and it is further,
ORDERED that the branch of the cross-motion which is to enjoin the appellant from filing a brief until the motion to enlarge the record is decided is denied; and it is further,
ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief is denied as premature.
DILLON, J.P., DOWLING, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court