Del Rosso v Staten Island University Hospital
Motion No: 2023-09566
Slip Opinion No: 2024 NY Slip Op 79376(U)
Decided on December 2, 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

M301130

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2023-09566

Barbara Del Rosso, etc., et al., plaintiffs,

v Staten Island University Hospital, et al.,

defendants; Krentsel Guzman Herbert,

LLP, nonparty-appellant, Harris Keenan & Goldfarb

nonparty-respondent.

(Index No. 750004/2016)

DECISION & ORDER ON MOTION




,

Appeal from an order of the Supreme Court, Richmond County, dated August 14, 2023. Motion by the appellant to deem the notice of appeal to reflect that non-party Krentsel Guzman Herbert, LLP is the appellant, in effect, for leave to amend the informational statement to reflect that non-party Harris Keenan & Goldfarb is the respondent, and to extend the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to deem the notice of appeal to reflect that non-party Krentsel Guzman Herbert, LLP is the appellant is granted, the notice of appeal is deemed to reflect that non-party Krentsel Guzman Herbert, LLP is the appellant (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to amend the informational statement to reflect that non-party Harris Keenan & Goldfarb is the respondent is granted to the extent that the informational statement is deemed to reflect that Harris Keenan & Goldfarb is the respondent, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before January 2, 2025, the appellant Krentsel Guzman Herbert, LLP 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.

MILLER, J.P., DOWLING, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court