Opinion
Motion No. 2021-00223
03-09-2021
Present - Hon. Judith J. Gische, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton Saliann Scarpulla, Justices. Index No. 23879/15E
Case No. 2020-04175
An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about March 20, 2020, said appeal having been perfected,
And defendant-respondent Luis R. Delgado, D.M.D. having moved, pursuant to CPLR 5511, to dismiss the appeal and strike plaintiff-appellant's brief and the record served in conjunction therewith or, in the alternative, for an enlargement of time to serve his respondent's brief in the event that this Court denies the initial relief sought,
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 is denied without prejudice to addressing the issue directly on the appeal, which is hereby adjourned to the June 2021 Term of this Court. ENTERED: March 09, 2021
/s/
Susanna Molina Rojas
Clerk of the Court