Opinion
Motion No. 2023-02550 Index No. 308860/10E Case Nos. 2023-02470 202302844
07-20-2023
Maria Perez, Plaintiff-Appellant, v. New York City Health and Hospitals Corporation, et al., Defendants-Respondents.
Unpublished Opinion
MOTION DECISION
Hon. Ellen Gesmer, Saliann Scarpulla Manuel J. Mendez Martin Shulman John R. Higgitt, Justice
Appeals having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about January 19, 2023 (Case No. 2023-02470) and from an order of the same Court and Justice entered on or about June 06, 2023 (Case No. 2023-02844), respectively, and the appeal taken under Case No. 2023-02470 having been perfected, And plaintiff-appellant having moved (1) for an order consolidating the aforesaid appeals and (2) for a stay of all proceedings pending hearing and determination of the appeals taken therefrom, 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 granted to the extent of adjourning the perfected appeal under Case No. 2023-02470 to the March 2024 Term of this Court and directing plaintiff-appellant to perfect the appeal under Case No. 2023-02844 for said March 2024 Term. Plaintiff-appellant is directed to file a supplemental record on appeal for the appeal under Case No. 2023-02844, and to file a single replacement brief using both case numbers. That branch of the motion which seeks consolidation of the appeals is denied as unnecessary, as the appeals may be consolidated as of right (See, 22 NYCRR 1250.9[f][3]). It is further ordered that the branch of the motion seeking a stay of all proceedings is denied.