Opinion
2021-73516 Motion 2021-02847 2021-03056 2021-03045
10-21-2021
Marie Kaiser Napoli, Plaintiff-Appellant, v. Clifford James and Law Offices of Clifford James, Defendants-Respondents. Index No. 161529/18 Case Nos. 2021-00534, 202005036
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Barbara R. Kapnick Peter H. Moulton Bahaati E. Pitt, Justices.
Appeals having been taken from an order of the Supreme Court, New York County, entered on or about June 3, 2020 (Case No. 2020-05036) and from a judgment, same court, entered on or about August 14, 2020 (Case No. 2021-00534), and the record and brief filed with respect to the appeal taken from the June 3, 2020 order (Case No. 2020-05036) having been returned for correction, And plaintiff-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal taken from the judgment entered on or about August 14, 2020 (Case No. 2021-00534), and, upon reinstatement, for an extension of time in which to perfect said appeal; and to consolidate both appeals under Case No. 2020-05036 (M-2021-02847), And plaintiff-appellant having separately moved to consolidate the aforesaid appeals and for an extension of time to perfect the consolidated appeals (M-2021-03045), And non-party respondent Vanessa Dennis having cross-moved for leave to respond to that portion of plaintiff's appeal that seeks reversal of an interlocutory disclosure order concerning her confidential medical records, and to amend the caption to identify Vanessa Dennis as a non-party respondent on the appeal (M-2021-03056), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions (M-2021-02847/2021-03045) are granted to the extent of vacating the dismissal of the appeal under Case No. 2021-00534, and extending the time to perfect the consolidated appeal (Case Nos. 2021-00534 and 2020-05036) to the January 2022 Term of this Court, subject to the terms and conditions set forth below, and
It is further ordered that the cross motion (M-2021-03056) is denied, as unnecessary, inasmuch as plaintiff is barred from raising issues previously reviewed by this Court on a prior appeal from the order, same court, entered April 3, 2019, denying plaintiff's motion to compel disclosure (187 A.D.3d 510). The record and brief to be filed by plaintiff with respect to the consolidated appeal shall not include any documents and arguments related to the aforesaid order entered April 2, 2019, including, but not limited to, those set forth in pages 543 to 913 of the record and Point II of the Appellant's brief, which plaintiff previously filed with respect to Case No. 2021-05036, and which were returned for correction.