Johnson v. Montefiore Medical Center

Unpublished Opinion

MOTION DECISION

Present - Hon. Rolando T. Acosta, Presiding Justice, Cynthia S. Kern Jeffrey K. Oing Saliann Scarpulla Martin Shulman, Justices.

Appeals having been taken to this Court from two orders of the Supreme Court, Bronx County, entered on or about February 03, 2020 (Case No. 2021-01353) and April 14, 2021 (Case No. 2021-01424),

And defendants-appellants having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal taken from the February 03, 2020 order and, upon reinstatement, for an extension of time in which to perfect said appeal; and to consolidate that appeal with the appeal taken from the April 14, 2021 order,

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 vacating the dismissal and reinstating the appeal from the February 03, 2020 order (2021-01353), and extending the time in which to perfect that appeal to the October 2021 Term of this Court. The motion is otherwise denied, the application for consolidation being unnecessary as the appeals may be consolidated as of right (See, 22 NYCRR 1250.9[f][3]).