Appellate Division: Second Judicial Department

M295823

SW/

MARK C. DILLON, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2022-08496 Mark J. Conway, etc., appellant-respondent, v Robert Lehmann, etc., respondents-appellants, Laboratory Corporation of America, respondent. (Index No. 607756/2018)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated September 6, 2022. The appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Robert Lehmann and Goshen Medical Associates, P.C., in effect, to extend the time to perfect the cross-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 cross-appeal is deemed to be an appeal from the order, and on or before May 17, 2024, Robert Lehmann and Goshen Medical Associates, P.C. shall serve and file the record or appendix and their appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' 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.

DILLON, J.P., MILLER, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court