Appellate Division: Second Judicial Department

M297742

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-01818 Patrick Williams, etc., appellant, v Staten Island University Hospital, et al., respondents. (Index No. 2935/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated December 20, 2022. Motion by the respondent Staten Island University Hospital to dismiss the appeal from so much of the order as denied that branch of the appellant's motion which was to strike the answer of Staten Island University Hospital for failure to appear at a scheduled deposition on the ground that it has been rendered academic or, in the alternative, for an extension of time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order as denied that branch of the appellant's motion which was to strike the answer of Staten Island University Hospital for failure to appear at a scheduled deposition 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 for an extension of time to serve and file a brief is granted, and on or before August 14, 2024, the respondent Staten Island University Hospital 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.

BARROS, J.P., GENOVESI, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court