Opinion
2021-75276 2021-02820 2021-01463 2021-01465 2021-02913 Motion 2021-03493 2021-03596 2021-03669
11-30-2021
Marcus Rogers, Plaintiff-Appellant, v. Montefiore Medical Center, Michael P. Choi, M.D., Individually and as an agent of Montefiore Medical Center, Jenny Choi, M.D., Individually and as an agent of Montefiore Medical Center and John and Jane Does 1-20 and ABC Corporation, etc., Defendants-Respondents. Index No. 20813/19E
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Anil C. Singh, Lizbeth González, Tanya R. Kennedy, Saliann Scarpulla, Martin Shulman, Justices.
An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about July 02, 2021, which denied plaintiff's motion to reargue dismissal of the complaint, pursuant to 22 NYCRR 202.27(b) and CPLR 3126, based upon plaintiff's failure to appear for a duly noticed conference on January 22, 2020 and his repeated failure to provide discovery without a substantiated basis (Case No. 2021-02820/2021-02913), And appeals having been taken from an order, same court, entered on or about January 27, 2020, which granted defendants' motion to strike the complaint (Case No. 2021-01463), and from a judgment, same court, entered on or about May 25, 2020, which adjudged the complaint dismissed (Case No. 2021-01465), And an order of this Court having been entered on September 23, 2021 (M-2021-02705, Case No. 2021-02820) granting the motion of defendants-respondents Michael P. Choi, M.D. and Jenny Choi, M.D. to dismiss the appeal taken from the aforesaid July 02, 2021 order on the grounds that no appeal lies therefrom, And plaintiff-appellant having moved (1) to vacate the aforesaid order of this Court, entered on September 23, 2021, which dismissed the appeal from the July 2, 2021 order, and to vacate the automatic dismissal of the related appeals under Case Nos. 2021-01463 and 2021-o1465; (2) to extend the time in which to perfect said appeals; and (3) to consolidate the appeals (M-2021-03493), And defendants-respondents Michael Choi and Jenny Choi having cross-moved to dismiss the appeal taken from the order entered on or about July 02, 2021, under Case No. 2021-02913, on the ground that no appeal lies from an order denying reargument, and this Court, by order entered on September 23, 2021 (M-2021-02705, Case No. 2021-02820) previously dismissed plaintiff's appeal from the identical July 02, 2021 order, (M-2021-03596), And defendant-respondent Montefiore Medical Center having cross-moved to dismiss plaintiff's appeals (M-2021-03669), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the plaintiff's motion is denied (M-2021-03493), and
It is further ordered that defendants' cross motions are granted and plaintiff's appeals taken from the orders of the Supreme Court, Bronx County, entered on or about July 02, 2021 (Case Nos. 2021-02820/02913), and on or about January 27, 2020 (Case No. 2021-01463), and from the judgment, same court, entered on or about May 25, 2020 (Case No. 2021-01465), are dismissed.