Appellate Division: Second Judicial Department

M296637

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-01396 Adeolabisi Kabiru Kazeem, etc., appellant, v New York City Health and Hospitals Corporation, etc., respondent. (Index No. 701232/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 28, 2022. Motion by the appellant to extend the time to perfect the appeal. By order to show cause dated January 29, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order denying reargument, and the motion by appellant was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and 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 to dismiss the appeal 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 motion to extend the time to perfect the appeal is granted, and on or before June 24, 2024, the appellant shall 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.

BRATHWAITE NELSON, J.P., CHAMBERS, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court