Opinion
2021-69311 Motion 2020-03627
07-23-2021
Anthony Martino, et al., appellants, v. Jae Ho Lee, et al., respondents. Index No. 33910/2017
Unpublished Opinion
MOTION DECISION
LEONARD B. AUSTIN, J.P., COLLEEN D. DUFFY, BETSY BARROS, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Rockland County, dated April 29, 2020. Motion by the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., to dismiss the portion of the appeal from so much of the order as denied the appellants' application to compel a further deposition of a certain witness on the ground that this portion of the order is not appealable as of right and leave to appeal has not been granted and to extend the time to serve and file a brief. Cross motion by the appellants for leave to appeal to this Court from that portion of the order and, in effect, for leave to serve and file a supplemental reply brief in response to the brief filed by the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., in the event that the time of those respondent to serve and file a brief is extended.
Upon the papers filed in support of the motion by the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., and the papers filed in opposition thereto, and upon the papers filed in support of the appellants' motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the stated portion of the appeal and the branch of the cross motion which is for leave to appeal to this Court from that portion of the order are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to extend the time of the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., to serve and file a brief is granted, and on or before August 23, 2021, the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., shall serve and file a brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the branch of the cross motion which is for leave to serve and file a supplemental reply brief is granted to the extent that, in the event that the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., serve and file a brief, the appellants' reply brief to the brief filed by the respondent Nyack Hospital is stricken, and on or before September 9, 2021, the appellants shall serve and file a reply brief containing both the appellants' contentions in reply to the brief filed by the respondent Nyack Hospital as well as the appellants' contentions in reply to the brief filed by the respondents Jae Ho Lee and Northeastern Anesthesia Services P.C., via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the cross motion is otherwise denied.
AUSTIN, J.P., DUFFY, BARROS and ZAYAS, JJ., concur.