| AA Medical, P.C. v Mendez |
| Motion No: 2024-05815 |
| Slip Opinion No: 2025 NY Slip Op 72274(U) |
| Decided on July 9, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M306384
ID/
MARK C. DILLON, J.P.
LILLIAN WAN
JANICE A. TAYLOR
LOURDES M. VENTURA, JJ.
|
2024-05815 AA Medical, P.C., appellant, v Erica Mendez, et al., respondents. (Index No. 616215/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated February 28, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant, in effect, to stay enforcement of the order, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to vacate the dismissal of the appeal and to extend the time to perfect the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 8, 2025, the appellant shall and 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; and it is further,
ORDERED that the motion to stay enforcement of the order, pending hearing and determination of the appeal, is denied.
DILLON, J.P., WAN, TAYLOR and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court