Appellate Division: Second Judicial Department

M295400

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2021-00039, 2021-00187 Rebecca Geffner, etc., appellant, v Mercy Medical Center, et al., respondents, et al., defendants. (Index No. 707387/2019)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Queens County, both dated November 30, 2020. Motion by the respondents Mercy Medical Center, Eric A. Schoenfeld, and Roy A. Rubenstein to dismiss the appeal from so much of the order dated November 30, 2020, under Appellate Division Docket No. 2021-00039, as granted their cross-motion to compel the acceptance of their verified answer to the complaint and verified answer to the amended complaint on the ground that this portion of the order was superseded and rendered academic by an order of the same court dated July 26, 2021. Cross-motion by the appellant, inter alia, to strike the brief filed by the respondents Mercy Medical Center, Eric A. Schoenfeld, and Roy A. Rubenstein. Motion by the appellant, inter alia, to strike the brief filed by the respondents Harte Placements, Inc. and Seniorbridge Family Companies (NY), Inc.

Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondents Mercy Medical Center, Eric A. Schoenfeld, and Roy A. Rubenstein is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross-motion and the motion by the appellant are denied.

CONNOLLY, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court