Appellate Division: Second Judicial Department

M294094

SW/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2023-02983 Kathleen A. Hailazopoulos, etc., respondent-appellant, v Flushing Hospital and Medical Center, respondent, Bernard Barbu Abramovici, etc., et al., appellants-respondents, Flushing Manor Care Center, Inc., et al., defendants. (Index No. 704391/2018)

DECISION & ORDER ON MOTION

Appeals and cross-appeal from an order of the Supreme Court, Queens County, dated March 6, 2023, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent Bernard Barbu Abramovici, M.D., in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of his appeal and to extend the time to perfect the appeal.

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 motion is granted, the dismissal of the appeal by the appellant-respondent Bernard Barbu Abramovici, M.D. pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 11, 2024, the appellant-respondent Bernard Barbu Abramovici, M.D. shall serve and file the record or appendix and his appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and his appellant-respondent's brief and upload digital copies of the record or appendix and his appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted.

LASALLE, P.J., CONNOLLY, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court