Ellswick v Bay Terrace Medical, PLLC
Motion No: 2024-03312
Slip Opinion No: 2024 NY Slip Op 77517(U)
Decided on October 30, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300356

KS/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-03312

Samantha Ellswick, etc., appellant,

v Bay Terrace Medical, PLLC, et al., respondents.

(Index No. 703115/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, entered January 9, 2024. Motion by the respondents to dismiss the appeal on the ground that the appellant is not aggrieved. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, and on or before December 30, 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.

DILLON, J.P., DOWLING, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court