Opinion
Motion Nos. 2020-06507 2022-05740 Index No. 54454/2020
12-02-2022
Melody Santos, etc., respondent, v. Westchester Medical Center, appellant. Melody Santos, etc., respondent, v. Westchester Medical Center, appellant.
Unpublished Opinion
MOTION DECISION
M286232
AFA/MARK C. DILLON, J.P. JOSEPH A. ZAYAS DEBORAH A. DOWLING LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeals from a decision of the Supreme Court, Westchester County, dated July 24, 2020, and an order of the same court dated July 12, 2022. By order to show cause dated July 8, 2022, the parties were directed to show cause before this Court why the appeal from the decision should or should not be dismissed on the ground that no appeal lies a from decision.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is granted, and the appeal from the decision is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 A.D.2d 509); and it is further, ORDERED that on the Court's own motion, the appendix and briefs filed in connection with the appeal from the decision are deemed to be filed in connection with the appeal from the order, and on or before January 3, 2023, (1) the parties shall serve and file, via NYSCEF, replacement copies of the appendix and briefs that contain Appellate Division Docket No. 2022-05740, and omit Appellate Division Docket No., and (2) the appellant shall serve and file, via NYSCEF, a supplemental appendix containing the order and the notice of appeal from the order.
DILLON, J.P., ZAYAS, DOWLING and WAN, JJ., concur.