Opinion
2021-69610 Motion 2021-01643 2021-01905
07-29-2021
Gregory D. Kilpatrick, Plaintiff-Appellant, v. Jennifer Lynn. Henkin, D.D.S. -D.M.D., Defendant-Respondent. Index No. 101578/2019 Case No. 2021-01658
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick Troy K. Webber, Presiding Justice,
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 25, 2020,
And plaintiff-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal, and, upon vacatur, for an extension of time to perfect same and to consolidate said appeal with the appeals taken to this Court from orders of the same court entered on or about March 6, 2020 (Kilpatrick v. Berlin, Index No. 101577/2019, Case No. 2020-04639), on or about November 25, 2020 (Kilpatrick v. Kamkar, Index No. 101576/2019, Case No. 2021-1659) and on or about December 9, 2020 (Kilpatrick v. Volterra, Index No. 101581/2019, Case No. 2021-02225) and for leave to prosecute the consolidated appeals as a poor person, (M-2021-01643), And defendant-respondent having cross-moved to dismiss the appeal taken from the November 25, 2020 order, (M-2021-01905), Now, upon reading and filing the papers with respect to the motion and cross-motion, and due deliberation having been had thereon, It is ordered that the plaintiff-appellant's motion is granted only to the extent of vacating the dismissal and reinstating the appeal taken from the November 25, 2020 order (Case No. 2021-01658), and extending the time to perfect same to the November 2021 Term and is otherwise denied (M-2021-01643), And it is further ordered that defendant-respondent's cross-motion to dismiss the appeal taken from the November 25, 2020 order is denied, (M-2021-01905).