Opinion
Motion No: M-2248
07-16-2019
Gianfranco Arena, Administrator of the Estate of Christine L. Arena and Gianfranco Arena, Individually, Plaintiff-Respondent, v. Lester Noah Shaw, M.D., Defendant-Appellant.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 6, 2018, and Defendant-appellant having moved for an order: (1) vacating the dismissal of the aforementioned appeal, pursuant to 22 NYCRR 1250.10(c); (2) upon vacatur and reinstatement of the appeal, for an enlargement of time to perfect same, pursuant to 22 NYCRR 1250.9(b); and (3) consolidating the aforementioned appeal taken from the order entered on or about June 6, 2018 with an appeal taken from an order of the same court entered on or about April 17, 2019, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that that branch of the motion seeking to vacate the dismissal of the appeal taken from the order entered on or about June 6, 2018 is granted, the appeal reinstated, and the time to perfect same is enlarged to the October 2019 Term, and It is further ordered that that branch of the motion seeking consolidation of the appeals taken from orders of the Supreme Court, New York County, entered on or about June 6, 2018 and on or about April 17, 2019, is denied as unnecessary. (See, 22 NYCRR 1250.9(f)(3)).
ENTERED: July 16, 2019
__________ CLERK
Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Anil C. Singh, Justices
M-2248
Index No. 850095/17