Opinion
2021-73769 Motion 2021-03176
10-26-2021
Louis Mazzarisi and Danielle Mazzarisi, Plaintiffs-Appellants-Respondents, v. New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery, Defendant-Respondent-Appellant. New York Society for the Relief of the Ruptured and Crippled, Maintaining the Hospital for Special Surgery, Third-Party Plaintiff-Respondent-Appellant, v. Fresh Meadows Chiller Services, LLC, Third-Party Defendant-Respondent-Respondent. Index Nos. 155022/16, 95493/17 No. 2021-01343
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Troy K. Webber Anil C. Singh Lizbeth González Julio Rodriguez III, Justices.
An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 18, 2020; and plaintiffs-appellants' appeal having been perfected, And defendant/third-party plaintiff-respondent-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of its cross appeal and, upon reinstatement, for an extension of time in which to perfect said cross appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted, the dismissal of defendant/third-party plaintiff-respondent-appellant's cross appeal is vacated, the cross appeal reinstated, and the time in which to perfect same extended to the February 2022 Term of this Court; plaintiffs-appellants-respondents' perfected appeal is hereby adjourned to said February 2022 Term.