Opinion
Motion No. 2022-05052 Index No. 153436/22Case No. 2022-05698
02-28-2023
Gina Robinson, Plaintiff-Appellant, v. Fashion District Dental, Dr. Justin Rashbaum, DMD, Dr. David Stein, DMD, Dr. Jay Rashbaum, DMD, and Dr. Michael Abrams, DDS, Defendants-Respondents.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Cynthia S. Kern Ellen Gesmer Saliann Scarpulla Julio Rodriguez III Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about December 12, 2022, And plaintiff-appellant having moved for an order directing defendants to mail to her the dental device fabricated by defendants-respondents, or in the alternative, to stay, pending hearing and determination of the appeal, enforcement of the order entered December 12, 2022 to the extent the order required her to designate, within 30 days, another orthodontist for defendants to deliver the dental device to, and permitted defendants to dispose of the device if plaintiff failed to make such a designation, 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, to the extent it seeks to compel defendants to mail the device directly to plaintiff, is denied, and, to the extent it seeks a stay, is denied as moot.