Opinion
No. 2020-00824 Index No. 517301/2017
12-27-2023
Tugce Ayhan, etc., appellant, v. Maimonides Medical Center, respondent.
Unpublished Opinion
MOTION DECISION
M293240 AFA/
MARK C. DILLON, J.P. DEBORAH A. DOWLING HELEN VOUTSINAS LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, dated January 24, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant to enlarge the record to include certain material. Cross-motion by the respondent to enjoin the appellant from filing a brief until the motion to enlarge the record is decided, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to vacate the dismissal and the papers filed in relation thereto, and upon the papers filed in support of the motion to enlarge the record and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to vacate the dismissal of the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 26, 2024, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the motion to enlarge the record to include certain material is denied; and it is further, ORDERED that the branch of the cross-motion which is to enjoin the appellant from filing a brief until the motion to enlarge the record is decided is denied; and it is further, ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief is denied as premature.
DILLON, J.P., DOWLING, VOUTSINAS and VENTURA, JJ., concur.