| Feng Xie v New York City Health and Hospitals Corporation |
| Motion No: 2025-07435 |
| Slip Opinion No: 2025 NY Slip Op 74510(U) |
| Decided on August 15, 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
M307242
AFA/
BETSY BARROS, J.P.
LARA J. GENOVESI
WILLIAM G. FORD
DONNA-MARIE E. GOLIA, JJ.
|
2025-07435 Feng Xie, etc., plaintiff, Zhong Jun Hou, etc., appellant, v New York City Health and Hospitals Corporation, et al., defendants; Morelli Law Firm, PLLC, nonparty-respondent. (Index No. 705960/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated June 10, 2025. Motion by the appellant to stay enforcement of the order, pending hearing and determination of the appeal. Cross-motion by the respondent, inter alia, to dismiss the appeal, in effect, on the ground that the order was entered upon the default of the appealing party. Separate motion by the appellant for a preference in the calendaring of the appeal. Application by the respondent to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the cross-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 cross-motion is granted, and the appeal is dismissed (see CPLR 5511), without costs and disbursements; and it is further,
ORDERED that the motions and application are denied as academic.
BARROS, J.P., GENOVESI, FORD and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court