Appellate Division: Second Judicial Department

M293687

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-10088 Theresa Hector-Ellis, appellant, v Mount Sinai Hospital, et al., respondents. (Index No. 1540/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated September 29, 2022. Motion by the respondent State of New York to dismiss the appeal on the ground that it has been rendered academic, or in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before February 21, 2024, the respondent State of New York shall serve and file its brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court