Opinion
Motion No. 992 Motion No. 1284
11-10-2020
Paula Genna, Plaintiff-Appellant, v. Oleg Klemper, D.D.S., Central Park South Dental Care and Babak Robert Ghalili, D.M.D., Defendants-Respondents.
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices. Index No. 100530/16
Case No. 2019-03366
An appeal having been taken from two orders of the Supreme Court, New York County, entered on or about March 08, 2018,
And plaintiff-appellant having moved, pro se, to modify, vacate and change a prior order of this Court entered on January 16, 2020 (M-8810) , to extend the time to file a supplemental appendix, and to impose sanctions against counsel for defendants-respondents (M-992),
And defendant-respondent Babak Robert Ghalili, D.M.D. having cross moved to strike plaintiff's appendix and dismiss the appeal based on plaintiff-appellant's failure to comply with the aforementioned order of this Court, or in the alternative, for an extension of time to file a respondent's brief (M-1284),
Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is ordered that plaintiff-appellant's motion is granted to the extent of extending the time to file a supplemental appendix, as set forth in this Court's January 16, 2020 order (M-8810), to the April 2021 Term, and adjourning this appeal to that Term (M-992), and
It is further ordered that defendant's cross motion to strike and dismiss the appeal is denied, with leave to renew on the condition plaintiff-appellant fails to comply with the terms of this order (M-1284). ENTERED: November 10, 2020
/s/
Susanna Molina Rojas
Clerk of the Court