Opinion
Motion No. 2021-00895 Motion No. 2021-00929
04-15-2021
Debora Barahona as Administrator of the Estate of Damian Fortune, Deceased, in her capacity as Guardian of Daymia Elizabeth Fortune, Plaintiffs-Respondents. v. Long Island Ambulatory Surgery Center, L.L.C., The New York Eye and Ear Infirmary, Anthony T. Pacia, M.D. and Brookhaven Anesthesia Associates, LLP, Defendants-Appellants, Sergiu Marcus, M.D., et al., Defendants.
Present - Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Angela M. Mazzarelli Peter H. Moulton Manuel J. Mendez, Justices. Index No. 805277/14
Case No. 2020-04637
Appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about May 13, 2020,
And defendant-appellant Long Island Ambulatory Surgery Center, L.L.C. having moved for an extension of time in which to perfect its appeal (M-2021-00895),
And defendant-appellant The New York Eye and Ear Infirmary having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of its appeal and, upon reinstatement, for an extension of time in which to perfect said appeal (M-2021-00929),
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that the motion by defendant-appellant Long Island Ambulatory Surgery Center, L.L.C. is granted and the time in which to perfect its appeal is extended to the September 2021 Term of this Court, (M-2021-00895), and
It is further ordered that the motion by defendant-appellant The New York Eye and Ear Infirmary is granted, the dismissal vacated, the appeal reinstated, and the time in which to perfect said appeal is extended to the September 2021 Term of this Court (M-2021-00929). Entered: April 15, 2021
/s/
Susanna Molina Rojas
Clerk of the Court