Opinion
2021-75933 Motion 2018-14537 2019-07307
12-13-2021
Mario Osorio, et al., appellants, v. New York City Health and Hospitals Corporation, et al., respondents. Mario Osorio, et al., appellants, v. New York City Health and Hospitals Corporation, et al., respondents. Index No. 708187/2014
Unpublished Opinion
MOTION DECISION
SYLVIA O. HINDS-RADIX, J.P. SHERI S. ROMAN FRANCESCA E. CONNOLLY DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeals from an order of the Supreme Court, Queens County, dated October 29, 2018, and a judgment of the same court entered May 16, 2019. The appeal from the judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated October 21, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order, terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 N.Y.2d 241). Motion by the appellants to consolidate the appeals, to deem the notice of appeal from the order to be a premature notice of appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, pursuant to 22 NYCRR 1250.10(c) the dismissal of the appeal from the judgment, is vacated; and it is further, ORDERED that the appellants' motion is granted to the extent that the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, and on or before January 13, 2022, the parties shall submit corrected covers for the record and briefs filed in connection with the appeal from the order, which contain Appellate Division Docket No. 2019-07307 in addition to Appellate Division Docket No., upload, through the digital portal on this Court's website, digital replacement copies of the record and briefs filed in connection with the appeal from the order, which contain the corrected covers, on or before January 13, 2022, the appellants shall serve a supplemental record containing the judgment and the notice of appeal from the judgment and upload, through the digital portal on this Court's website, a digital copy of the supplemental record, and the appellants' motion is otherwise denied; and it is further, ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
HINDS-RADIX, J.P., ROMAN, CONNOLLY and DOWLING, JJ., concur.