Appellate Division: Second Judicial Department

M299218

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

BARRY E. WARHIT

DONNA-MARIE E. GOLIA, JJ.

2023-11599 Kevin C. Daughtry, respondent, v Northwell Health, Inc., et al., appellants, et al., defendants. (Index No. 717959/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated August 11, 2023. Motion by the respondent to dismiss appeal, inter alia, in effect, on the ground that the appeal was not timely perfected, or in the alternative, to extend the time to serve and file a brief. Motion by the appellants, inter alia, in effect, to deem the appeal to have been timely perfected.

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

ORDERED that the branch of the motion by the respondent which is, in effect, to dismiss the appeal on the ground that the appeal was not timely perfected is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before November 15, 2024, the respondent shall serve and file the respondent's 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; and it is further,

ORDERED that the motion by the respondent is otherwise denied; and it is further,

ORDERED that the branch of the motion by the appellant which is, in effect, to deem the appeal to have been timely perfected is denied as unnecessary as the appeal was timely perfected, and it is further,

ORDERED that the motion by the appellant is otherwise denied.

IANNACCI, J.P., CHAMBERS, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court